WorldWideScience

Sample records for Regional integration ECOWAS Commission Supranational entity Intergovermental organisation Community Court of Justice

  1. The Quest for a Supranational Entity in West Africa: Can the ...

    African Journals Online (AJOL)

    The Quest for a Supranational Entity in West Africa: Can the Economic Community of West African States Attain the Status? ... This article considers whether or not a supranational system is essential for the attainment of ECOWAS' objectives. It asks if the conditions for an effective supranational system are in place in the ...

  2. The ECOWAS Court and the Politics of Access to Justice in West Africa

    African Journals Online (AJOL)

    Although the creation of the ECOWAS Community Court of Justice (ECJ) was approved in 1991 in pursuant to the provisions of Articles 6 and 15 of the 1993 Revised Treaty of the Economic Community of West African States, it was only set up a decade later in 2001. By utilising a content-analysis method, in addition to ...

  3. THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    TETYANA KOMAROVA

    2017-01-01

    Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

  4. Supra-National Organisations and Conflict Resolution during the ...

    African Journals Online (AJOL)

    Supra-National Organisations and Conflict Resolution during the Nigeria Civil War: ... or part of the non-state actors that impinge on the international environment. ... the importance or roles of Supra-national organisations in conflict resolution ...

  5. Between Community Law and Common Law: The Rise of the Caribbean Court of Justice at the Intersection of Regional Integration and Post-Colonial Legacies

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Madsen, Mikael Rask

    2016-01-01

    The article focuses on the rise of the Caribbean Court of Justice (CCJ) post-colonial legacies. Topics discussed include Caribbean Community (CARICOM) which accepted the Court's jurisdiction to interpret and apply the Revised Treaty of Chaguaramas (RTC); empowerment of CCJ for hearing cases invol...... involving Caribbean Community law (Community law); and CCJ's unique double jurisdiction.....

  6. (Environmental) Panel measures in European law. Importance of the judgement Rs C-176/03 of the European Court, comission/council; (Umwelt-)Strafrechtliche Massnahmen im Europarecht. Bedeutung des EuGH-Urteils Rs C-176/03, Kommission/Rat

    Energy Technology Data Exchange (ETDEWEB)

    Foerster, M.

    2007-07-01

    The problem of international criminality strengthened by the progressive European integration. In particular, this is applied to the environmental criminality, since damages of the environment are not bound to the borders of individual states. Due to the appearing liberty rights, defaults on European level were introduced, whose conversion and penetration ensure effective further effective protection of the right property for the environment. The European Commission raised a complaint against the conversion of the skeleton resolution because of the interference of the union-legal measure into community-legal authority. The Court of Justice of the European Community explained this skeleton resolution as authority adverse. The European Court of Justice assumes community-legal authority authorizes in principle to supranational criminal measures. The practical conditions for it are put out in the contribution under consideration. Finally, the new guideline suggestion KOM(2007) 521 is based on these conditions.

  7. The supranational integration and its affection to the law reserve of the member states of the Andean Community. An analysis from the normative hierarchy of its Constitutions

    Directory of Open Access Journals (Sweden)

    José Francisco CHALCO SALGADO

    2017-08-01

    Full Text Available The processes of supranational integration have developed a series of legal and political constructions. In them the determination of States are always in a permanent weakening of its constituent elements. The Andean Community is the process of integration of the Latin American countries: Ecuador, Colombia, Peru and Bolivia. In this process of supranational integration political power has new particularisms that must be analyzed and provided solutions so that these do not obstruct the processes of regional integration. Indeed, in supranational processes, the issue of constitutional guarantees regarding the democratic legitimacy of the incorporation of the State into a supranational community organization is under discussion; The rights, freedoms and guarantees of citizens as limits to the public power of integration; And infringement of the guarantee of reservation of law as soon as there is an introduction of Community legislation in the domestic legal order of the Member States of the supranational organization and at the same time the development of thematic by the supranational legislation whose regulation could be reserved exclusively to the legislator of the member country. Thus, this article raises the need to question and find solutions in terms of normative hierarchy and the introduction of derived legislation produced in the supranational community organization to the national legal order of a State as one of the constitutional problems of integration.

  8. What Justice for Rwanda? Gacaca versus Truth Commission?

    OpenAIRE

    Reuchamps, Min

    2008-01-01

    In post-genocide Rwanda, in addition to gacaca courts, a truth commission is needed in order to promote justice and foster reconciliation. In the context of transitional justice, retributive justice, which seeks justice and focuses on the perpetrators, appears to be inadequate to lead a society towards reconciliation. Therefore, some forms of restorative justice, which emphasize the healing of the whole society, seem necessary. In Rwanda, gacaca courts and a truth commission are complementary...

  9. Measuring multi-membership in economic integration and its trade-impact. A comparative study of ECOWAS and SADC

    DEFF Research Database (Denmark)

    Afesorgbor, Sylvanus Kwaku; van Bergeijk, Peter A.G.

    in two major African Regional blocs, ECOWAS and SADC. We find that the impact of multi-membership critically depends on the characteristics of the multi-membership of regional integration initiatives. We find a positive impact if an additional membership complements the integration process...... of the original regional integration initiative: overlapping memberships had a much stronger and significant positive effect on bilateral trade within ECOWAS compare to an insignificant impact within SADC....

  10. Assessment of the petroleum, coal and geothermal resources of the economic community of West African States (ECOWAS) Region

    Energy Technology Data Exchange (ETDEWEB)

    Mattick, Robert E. [U.S. Geological Survey, Boulder, CO (United States); Spencer, Frank D. [U.S. Geological Survey, Boulder, CO (United States); Zihlman, Frederick N. [U.S. Geological Survey, Boulder, CO (United States)

    1982-01-01

    Approximately 85 percent of the land area of the ECOWAS (Economic Community of West African States) region is covered by basement rocks (igneous and highly metamorphosed rocks) or relatively thin layers of Paleozoic, Upper Precambrian, and Continental Intercalaire sedimentary rocks. These areas have little or no petroleum potential. The ECOWAS region can be divided into 13 sedimentary basins on the basis of analysis of the geologic framework of Africa. These 13 basins can be further grouped into 8 categories on the basis of similarities in stratigraphy, geologic history, and probable hydrocarbon potential. The author has attempted to summarize the petroleum potential within the geologic framework of the region. The coal discoveries can be summarized as follows: the Carboniferous section in the Niger Basin; the Paleocene-Maestrichtian, Maestrichtian, and Eocene sections in the Niger Delta and Benin; the Maestrichtian section in the Senegal Basin; and the Pleistocene section in Sierra Leone. The only proved commercial deposits are the Paleocene-Maestrichtian and Maestrichtian subbituminous coal beds of the Niger Delta. Some of the lignite deposits of the Niger Delta and Senegal Basin, however, may be exploitable in the future. Published literature contains limited data on heat-flow values in the ECOWAS region. It is inferred, however, from the few values available and the regional geology that the development of geothermal resources, in general, would be uneconomical. Exceptions may include a geopressured zone in the Niger Delta and areas of recent tectonic activity in the Benue Trough and Cameroon. Development of the latter areas under present economic conditions is not feasible.

  11. 3. Banjo.pmd

    African Journals Online (AJOL)

    sulaiman.adebowale

    2003-10-10

    Oct 10, 2003 ... Although the creation of the ECOWAS Community Court of Justice (ECJ) was approved in 1991 in pursuant to the ... to extensive personal interviews with the President of the Court, this study describes the emergence, composition, ...... national commercial disputes. In their reaction to the ECOWAS Court ...

  12. Regional Integration Through Law: the Central American and Caribbean Cases

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    . The two Court have also borrowed key jurisprudential principles from the CJEU with the goal of expanding the reach of Central American and Caribbean Community laws. Despite this, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions...... allowing ICs to become engines of integration lie for the most part outside the direct control of the judges, most notably, in other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article, hence, suggests...

  13. ECOWAS renewable energy and energy efficiency status report - 2014

    International Nuclear Information System (INIS)

    Auth, Katie; Musolino, Evan; Thomas, Tristram; Adebiyi, Adeola; Reiss, Karin; Semedo, Eder; Williamson, Laura E.; Chawla, Kanika; Diarra, Charles

    2014-01-01

    In recent years, the Economic Community of West African States (ECOWAS), comprising 15 Member States, it has emerged as one of the most active and dynamic regional economic communities on the African continent. Expanding access to modern, reliable, and affordable energy services is a key priority, prompting inter-state cooperation in crucial areas including capacity building, policy development and implementation, and investment. Recognising the critical role that sustainable energy plays in catalysing social, economic, and industrial development across the region, ECOWAS Member States formally inaugurated the ECOWAS Centre for Renewable Energy and Energy Efficiency (ECREEE) in 2010 to 'contribute to the sustainable economic, social and environmental development of West Africa by improving access to modern, reliable and affordable energy services, energy security and reduction of energy related externalities'. Drawing on data from the ECOWAS Observatory for Renewable Energy and Energy Efficiency (ECOWREX) and a network of contributors and researchers across the region, the ECOWAS Renewable Energy and Energy Efficiency Status Report supports ECREEE's efforts to increase the deployment of renewable energy and energy efficiency in West Africa by providing a comprehensive regional review of renewable energy and energy efficiency developments, evolving policy landscapes, market trends and related activities, investments in renewable energy and off-grid energy solutions, and the crucial nexus between energy access and gender

  14. COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2015-11-01

    Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

  15. The state of the research for health environment in the ministries of health of the Economic Community of the West African States (ECOWAS).

    Science.gov (United States)

    Sombié, Issiaka; Aidam, Jude; Konaté, Blahima; Somé, Télesphore D; Kambou, Stanislas Sansan

    2013-09-11

    An assessment of the state of the Research for Health (R4H) environment can provide relevant information about what aspects of national health research systems needs strengthening, so that research output can be relevant to meet national priorities for decision-making. There is limited information on the state of the R4H environment in the Economic Community of West African States (ECOWAS). This article describes the state of the R4H environment within the Ministries of Health of the ECOWAS member states and outlines of some possibilities to strengthen health research activities within the ECOWAS region. Information on the national-level R4H environment (governance and management; existence of a national policy; strategic and research priorities documents; ethics committees; research funds; coordination structures; monitoring and evaluation systems; networking and capacity building opportunities) was collected from the Ministries of Health research units in 14 ECOWAS countries using self-administered questionnaires. A workshop was held where country report presentations and group discussions were used to review and validate responses. Data from the discussions was transcribed using Nvivo, and strengths, weaknesses, opportunities and threats (SWOT) analysis of the functioning of the units was done using Robert Preziosi's organisational diagnosis tool. The findings indicate that as of January 2011, 50% of ECOWAS countries had established directorates for health research with defined terms of reference. The existing funding mechanisms were inadequate to support the research structures within and outside the MoHs, and for building the capacity of researchers. Networking and monitoring activities were weak and only 7% of the directors of research units were trained in research management. The majority (85.7%) of countries had broader national health policies, and 57% of the countries had some form of policy or strategic document for research development. Half of the

  16. USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2017-12-01

    Full Text Available The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts.

  17. Factors affecting performance and productivity of nurses: professional attitude, organisational justice, organisational culture and mobbing.

    Science.gov (United States)

    Terzioglu, Fusun; Temel, Safiye; Uslu Sahan, Fatma

    2016-09-01

    To identify relationships among variables affecting nurses' performance and productivity, namely professional attitudes, organisational culture, organisational justice and exposure to mobbing. The determination of the factors affecting performance and productivity is important for providing efficient nursing services. These factors have been investigated in the literature independently, but the relationship among them has not been clearly identified. This cross-sectional questionnaire study included 772 nurses working in a University Hospital accredited by Joint Commission International. The professional attitude score of the nurses was high (4.35 ± 0.63). However, their organisational justice (2.22 ± 1.26) and organisational culture (2.47 ± 0.71) scores were low. Nurses were subjected to mobbing at a high level (0.82 ± 0.78). As the organisational justice increased, the organisational culture increased and the mobbing decreased. As the organisation culture decreased, the mobbing increased. There was a positive correlation between organisation culture and organisational justice of the nurses and a negative correlation with mobbing. The results of the study are essential for improving nurses' performance and productivity. © 2016 John Wiley & Sons Ltd.

  18. A Multiple Source Approach to Organisational Justice: The Role of the Organisation, Supervisors, Coworkers, and Customers

    Directory of Open Access Journals (Sweden)

    Agustin Molina

    2015-07-01

    Full Text Available The vast research on organisational justice has focused on the organisation and the supervisor. This study aims to further this line of research by integrating two trends within organisational justice research: the overall approach to justice perceptions and the multifoci perspective of justice judgments. Specifically, this study aims to explore the effects of two additional sources of justice, coworker-focused justice and customer-focused justice, on relevant employees’ outcomes—burnout, turnover intentions, job satisfaction, and workplace deviance— while controlling the effect of organisation-focused justice and supervisor-focused justice. Given the increased importance attributed to coworkers and customers, we expect coworker-focused justice and customer-focused justice to explain incremental variance in the measured outcomes, above and beyond the effects of organisation-focused justice and supervisor-focused justice. Participants will be university students from Austria and Germany employed by service organisations. Data analysis will be conducted using structural equation modeling.

  19. The European Union Court of Justice after the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

    Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

  20. The supranational integration and its affection to the law reserve of the member states of the Andean Community. An analysis from the normative hierarchy of its Constitutions

    OpenAIRE

    José Francisco CHALCO SALGADO

    2017-01-01

    The processes of supranational integration have developed a series of legal and political constructions. In them the determination of States are always in a permanent weakening of its constituent elements. The Andean Community is the process of integration of the Latin American countries: Ecuador, Colombia, Peru and Bolivia. In this process of supranational integration political power has new particularisms that must be analyzed and provided solutions so that these do not obstruct the process...

  1. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

    Full Text Available The newly completed Criminal Courts of Justice (CCJ at Parkgate Street in Dublin 8 is the largest courts project undertaken in the history of the Irish State. The design of the heating, ventilation and air conditioning (HVAC systems was based on computer simulated modelling of the build ing to determine the optimum plant selection and operation based on the contract conditions and energy targets. The report will analyse the computer simulated energy targets versus the actual energy consumption and assess the benefit of engineering solutions such as twin-skin facades and heat recovery based on real data. The report will draw conclusions on the real benefit of such systems with in the built environment. In addition to the energy targets, the report will discuss the commission ing processes involved in delivering the energy targets required and the importance of designing metering strategies to enable the data to be collected and analysed.

  2. THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

    Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

  3. Organisational justice and employee perceptions on hospital management.

    Science.gov (United States)

    Wiili-Peltola, Erja; Kivimäki, Mika; Elovainio, Marko; Virtanen, Marianna

    2007-01-01

    The purpose to clarify what kind of managerial challenges employees experience regarding organisational justice in hospitals. This exploratory study of 8,971 employees working in 14 hospitals and examines the concept of organisational justice in management with qualitative and quantitative methods. An inductive content analysis of the comments revealed five integrative frames describing challenges in hospital management at respondents' workplaces. These frames should be regarded as major managerial challenges in hospitals. These findings illustrate important antecedents of organisational justice and suggest that work units tend to share the same perceptions of justice. They also reveal that individually produced comments reflect collective experiences in organisational justice. Further, the results indicate that problems in management and policies are often experienced in a complex way, and people making justice judgements do not separate procedural and interactional factors. Although the commentators producing qualitative data represented many organisational hierarchy levels, the results should not be generalised to apply to horizontal, informal social relationships. This paper gives useful information regarding challenges in human resources management in hospitals. The paper suggests that people making fairness judgements do not make a distinction between procedural and interpersonal factors. Instead, they use any information available to judge the righteousness of the management events. This paper serves to guide hospital managers towards a better understanding of the importance of organisational justice and its collective nature.

  4. European Union energy policy integration: A case of European Commission policy entrepreneurship and increasing supranationalism

    International Nuclear Information System (INIS)

    Maltby, Tomas

    2013-01-01

    Focusing on gas, this article explores the role of the European Commission in the process of European Union energy security policy development, and the extent to which the policy area is becoming increasingly supranational. Situating the article within the literature on agenda-setting and framing, it is argued that a policy window was opened as a result of: enlargement to include more energy import dependent states, a trend of increasing energy imports and prices, and gas supply disruptions. From the mid-2000s, the Commission contributed to a shift in political norms, successfully framing import dependency as a problem requiring an EU-level solution, based on the institution’s pre-existing preferences for a diversified energy supply and internal energy market. Whilst Member States retain significant sovereignty, the Commission has achieved since 2006 creeping competencies in the internal, and to a lesser extent external, dimensions of EU energy policy. - Highlights: ► We examine the development of EU energy security policy, focusing on gas. ► We examine changes in European Commission competence in energy policy. ► The European Commission has gained increased competence in the internal market. ► In the external dimension of EU energy policy Member States retain competence. ► The European Commission has had qualified success as a policy entrepreneur

  5. Court-based participatory research: collaborating with the justice system to enhance sexual health services for vulnerable women in the United States.

    Science.gov (United States)

    Roth, Alexis; Fortenberry, J Dennis; Van Der Pol, Barbara; Rosenberger, Joshua; Dodge, Brian; Arno, Janet; Waters, Janine; Certo, David; Reece, Michael

    2012-11-01

    Although jail screening programs have an important role in the diagnosis and treatment of sexually transmissible infections (STI) and HIV among incarcerated individuals, many arrestees are not screened before release. Justice-involved women are at particularly high risk for these conditions because of individual risk behaviour as well as other network-level risk factors. Court-based programs could provide a critical bridge between these women, STI risk counselling and health services. This formative study explored the features of a program that would encourage STI testing among court-involved women. Further, we describe how community-based participatory research principles were adapted for use in a court setting and the resulting justice-public health partnership. Using semistructured interviews and focus group discussions, we explored issues related to health-seeking behaviours, perceived gaps in services for high-risk women and the components of a court-based screening program. Six focus groups were conducted with women with a history of commercial sex work and staff from the court, as well as local organisations providing HIV and social support services for high-risk women. Community-based participatory research (CBPR) principles facilitated development of relevant research questions and equitable processes, and assisted partners to consider individual and sociostructural sources of health disparities. Although not every principle was applicable in a court setting, the CBPR framework was helpful for building cohesion and support for the project. We provide a description of how CBPR principles were operationalised, describe the key lessons learned and discuss the implications for CBPR projects in a community court.

  6. Common problems affecting supranational attempts in Africa: an analytical overview

    OpenAIRE

    Fagbayibo, Babatunde

    2013-01-01

    Ever since the colonial era, attempts have been made throughout the various regions of Africa at building supranational units chiefly for administrative and legal convenience. Examples of such attempts include the Federation of Rhodesia and Nyasaland, the East African High Commission and the federations in former French West and Equatorial Africa, all of which were attempts at forging a supranational nation state. These experiments laid the foundation for further supranational initiatives in ...

  7. Multi-membership and the effectiveness of regional trade agreements in Western and Southern Africa : A comparative study of ECOWAS and SADC

    NARCIS (Netherlands)

    S.K. Afesorgbor (Sylvanus Kwaku); P.A.G. van Bergeijk (Peter)

    2011-01-01

    textabstractUsing a gravity model for 35 countries and the years 1995-2006 we estimate the impact of regional trade agreements in Africa (in particular ECOWAS and SADC) and compare this to the a benchmark of North South trade integration (Europe’s preferential trade agreement). We find that •

  8. Whales, science, and scientific whaling in the International Court of Justice.

    Science.gov (United States)

    Mangel, Marc

    2016-12-20

    I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

  9. Measuring Multi-Membership in Economic Integration and Its Trade Impact

    DEFF Research Database (Denmark)

    Afesorgbor, Sylvanus Kwaku; van Bergeijk, Peter A.G.

    2014-01-01

    impact in two major African regional blocs, Economic Community of West Africa States (ECOWAS) and Southern Africa Development Community (SADC). We find that the impact of multi-membership critically depends on the characteristics of the multi-membership of regional integration initiatives. We find...... a positive impact if an additional membership complements the integration process of the original regional integration initiative: overlapping memberships had a much stronger and significant positive effect on bilateral trade within ECOWAS compare with an insignificant impact within the SADC....

  10. Justice blocks and predictability of U.S. Supreme Court votes.

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

    Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

  11. ORGANISATIONAL JUSTICE AND AFFECTIVE COMMITMENT: THE MEDIATING ROLE OF PERCEIVED ORGANISATIONAL SUPPORT

    Directory of Open Access Journals (Sweden)

    Pooja Purang

    2011-01-01

    Full Text Available Perception of fairness among employees is a guiding force that influences employee attitude and behaviour. However, the mechanisms associated with justice need to be studied further. This study hypothesises that perceived organisational support (POS mediates the relationship between organisational justice perceptions and affective commitment of employees. The study was conducted in a multi-national organisation operating in India in the service sector; the sample size was 71 employees. Baron and Kenny's model of studying the mediating relationship was used. The findings showed that POS fully mediates the relationship between distributive justice and affective commitment as well as partially mediates the relationship between procedural justice and affective commitment. This study highlights the importance of fairness and justice in organisations and identifies the mechanism by which employee perceptions of justice influence their loyalty and involvement.

  12. Personality traits and perceptions of organisational justice.

    Science.gov (United States)

    Törnroos, Maria; Elovainio, Marko; Hintsa, Taina; Hintsanen, Mirka; Pulkki-Råback, Laura; Jokela, Markus; Lehtimäki, Terho; Raitakari, Olli T; Keltikangas-Järvinen, Liisa

    2018-01-04

    This study examined the association between five-factor model personality traits and perceptions of organisational justice. The sample for the study comprised 903 participants (35-50 years old; 523 women) studied in 2007 and 2012. Measures used were the Neuroticism, Extraversion, Openness, Five-Factor Inventory questionnaire and the short organisational justice measure. The results showed that high neuroticism was associated with low distributive, procedural and interactional justice. Furthermore, high agreeableness was associated with high procedural and interactional justice and high openness with high distributive justice. This study suggests that neuroticism, agreeableness and openness are involved in perceptions of organisational justice and that personality should be considered in research and in practices at the workplace. © 2018 International Union of Psychological Science.

  13. 12 CFR 204.125 - Foreign, international, and supranational entities referred to in §§ 204.2(c)(1)(iv)(E) and 204.8...

    Science.gov (United States)

    2010-01-01

    ...'Afrique del'Ouest. Conseil de l'Entente. East African Community. Organisation Commune Africaine et Malagache. Organization of African Unity. Union des Etats de l'Afrique Centrale. Union Douaniere et... American General Treaty of Economic Integration. River Plate Basin Commission. Africa African Development...

  14. Some Peculiarities of the Economic Growth in ECOWAS Countries

    Directory of Open Access Journals (Sweden)

    Babacar NDIAYE

    2017-12-01

    Full Text Available This article seeks to determine some of the peculiarities of the economic growth in the countries from the Economic Community of West African States (ECOWAS. Thus, the study is based on the country approach and uses econometric regression tests. In fact, in the context of the determination of the real GDP per capita growth rate of the countries in this region during the period 1987-2014, the results obtained show that it is still weak and unstable. Moreover, the weak convergence that has only been observed beginning with 2008 feeds the hope that ECOWAS can truly improve its level of development despite the heterogeneous nature of the countries. In order to overcome these difficulties, improving the socio-economic performance through the growth rate of real GDP per capita represents, among others, a necessity in relation to economic policy decisions.

  15. Wealth Through Integration: Regional Integration and Poverty ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Evolution of the first derivative of the total factor production distribution trend ..... suggests that even if two countries have identical production technologies, the ... of trade enables countries to save their foreign currency reserves (Palley 2002, 2003). ...... of Ministers, the Commission, the Court of Justice and the Court of Audit.

  16. Low Savings Rates in the Economic Community of West African States (Ecowas: The Role of the Political Instability-Income Interaction

    Directory of Open Access Journals (Sweden)

    Abu Nurudeen

    2014-11-01

    Full Text Available This paper employs PCSE, OLS and TSLS with random effects to investigate the impact of the political instabilityincome interaction on savings in ECOWAS countries during the period 1996-2012. The empirical evidence illustrates that higher political stability is associated with higher savings and income levels moderate the adverse effect of political instability on savings, indicating that the impact of political instability on savings is higher in low income ECOWAS countries, but lesser at higher levels of income. The paper recommends the promotion of political stability via increases in incomes to raise savings in the ECOWAS region.

  17. Development And Validation Of An Organisational Justice Measurement Instrument For A South African Context

    Directory of Open Access Journals (Sweden)

    Ophillia Ledimo

    2015-03-01

    Full Text Available Measuring organisational justice in a South African context is a concern as the concept is multi-dimensional and there is no comprehensive definition; therefore, an integrative and well-developed measure of organisational justice can advance the measurement and analysis of this concept. This study investigates the development and validity of an organisational justice measuring instrument (OJMI, and determines the relationships between the different dimensions of the concept organisational justice. Data was gathered from 289 participants, employed in a public service organisation. To analyse the data the descriptive and inferential statistics used are Cronbach alpha coefficient, means, the explanatory factor analysis (EFA and the confirmatory factor analysis (CFA. It was found that the model fitted the data well and the measurement of each dimension, namely strategic direction; distributive, procedural, interactional, informational, diversity management; customer relations; service delivery innovation as well as ethical leadership and management justice were confirmed to be statistically significant and positive. These results indicate that OJMI is a reliable and valid measure that organisations need in order to measure perceptions of fairness, and to monitor trends of fair practices. The validated measuring instrument for organisational justice and the conducted analysis of the interrelationships between the different dimensions of the concept will enable organisations to initiate proactive and reactive interventions to facilitate justice and fair practices.

  18. Output and substitution elasticities of energy and implications for renewable energy expansion in the ECOWAS region

    International Nuclear Information System (INIS)

    Wesseh, Presley K.; Lin, Boqiang

    2016-01-01

    This study estimates output and substitution elasticities of renewable energy and nonrenewable energy for the Economic Community of West African States (ECOWAS) and discusses implications for expanding the former. The results show that nonrenewable energy promises greater benefits for ECOWAS economic transition, with output elasticities averaging between 0.052–0.579 and −0.055 to 0.223 for nonrenewable energy and renewable energy respectively. Overall estimated technological progress is low (−0.5% to 2.6%); the bulk coming from input efficiency. Substitution elasticities (0.02–0.94) suggest potential for switching towards renewable energy. Notwithstanding, scale, economics and sitting problems inherent in renewable power generation challenge the opportunities for energy substitution. A sustainable policy solution, therefore, appears to be one favoring scaled and efficient electricity generation from fossil energy in the short-run with a gradual switch towards renewable power in the long-run. In general, the applied model provides insights that energy efficiency enhances sustainable growth by propelling technological advancement especially when technical change is scale-biased and factor-augmenting. The study also provides insights that impacts of exogenous shocks to inputs are temporary, and hence, do not jeopardize efforts aimed at scaling output through increased and efficient use of labor, capital and energy; especially nonrenewable energy. - Highlights: • Output and substitution elasticities of energy are estimated for the ECOWAS region. • Nonrenewable energy promises greater opportunities for economic growth. • Technical progress is low and driven mainly by the efficiency of inputs. • Energy efficiency drives technological innovation. • Potential of switching towards renewable energy is high but suffers feasibility gaps.

  19. ORGANISATIONAL JUSTICE AND AFFECTIVE COMMITMENT: THE MEDIATING ROLE OF PERCEIVED ORGANISATIONAL SUPPORT

    OpenAIRE

    Pooja Purang

    2011-01-01

    Perception of fairness among employees is a guiding force that influences employee attitude and behaviour. However, the mechanisms associated with justice need to be studied further. This study hypothesises that perceived organisational support (POS) mediates the relationship between organisational justice perceptions and affective commitment of employees. The study was conducted in a multi-national organisation operating in India in the service sector; the sample size was 71 employees. Baron...

  20. Klansman on the Court: Justice Hugo Black's 1937 Radio Address to the Nation

    Science.gov (United States)

    Carcasson, Martin; Aune, James Arnt

    2003-01-01

    Supreme Court Justice Hugo L. Black, known for being a liberal First Amendment absolutist and a courageous defender of individual freedom, is considered one of the best justices ever to serve on the nation's high court. This essay examines the events surrounding Justice Black's controversial nomination to the Supreme Court, focusing on his…

  1. Policy framework on energy access and key development indicators: ECOWAS interventions and the case of Ghana

    International Nuclear Information System (INIS)

    Aglina, Moses Kwame; Agbejule, Adebayo; Nyamuame, Godwin Yao

    2016-01-01

    Energy has become the main driver for development as industries grow, agricultural sectors become more modernized, economies boom and countries become wealthy. There are still vast majority of people living under the poverty line especially in the ECOWAS region. The purpose of this study is to explore how improvements in energy access can be a key driver in economic development and progress in the ECOWAS region. Data for the study was obtained from the database of the World Bank. A regression analysis was carried out to establish the relationships between energy access and development indicators. The paper suggests the need for policy makers in the ECOWAS region to focus on targets, such as household access, consumption of electricity, and ease of use instead on supply targets that focus merely on physical coverage. A case on how Ghana is improving energy access is presented. - Highlights: • Energy policies in the ECOWAS region must focus on demand side targets. • Energy policies should target rural and peri-urban areas of the ECOWAS region. • Improved energy access requires a new supply chain energy model.

  2. Tuned Liquid Dampers for the New European Court of Justice, Luxembourg

    DEFF Research Database (Denmark)

    Georgakis, Christos; Koss, Hans Holger

    2005-01-01

    As a consequence of their unique positioning and 3,5:1 plan ratio, the proposed twin 103m buildings of the latest expansion of the European Court of Justice (Luxembourg) led to the commissioning of a comprehensive set of wind-tunnel tests. Experimental testing and numerical analyses showed...... the buildings to be susceptible to unacceptably large wind-induced accelerations at the top levels. To mitigate these vibrations, a Tuned Liquid Damper (TLD) array is proposed and designed for both buildings. With an optimal design of the TLD array, total maximum reductions in top-level accelerations are found...

  3. Coordination Processes in International Organisations

    DEFF Research Database (Denmark)

    Nedergaard, Peter

    2008-01-01

    The EU is not a member of the International Labour Organisation (ILO), but relatively elaborate EU coordination takes place anyway. This paper addresses two research questions: 1) How is it possible to evaluate the coordination of the EU in its specific observable configuration in the ILO?, and 2......-à-vis their principals, the Member States. The Commission is the leading agent in the phase leading up to the Conference; the Presidency then takes over. On the one hand, due to the Treaty obligations and their interpretations by the Court of Justice, both the Presidency and the Commission are kept within tight limits...... by the principals. On the other hand, both before and during the Conference, the Member States accept the so-called discursive coordination of the Commission, which seems to be of great (but often neglected) importance. Owing to the organisational set-up in which coordination takes place, the EU is able...

  4. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  5. Investigating cyberloafing, organisational justice, work engagement and organisational trust of South African retail and manufacturing employees

    Directory of Open Access Journals (Sweden)

    Adele Oosthuizen

    2018-05-01

    Full Text Available Orientation: Understanding cyberloafing, organisational justice, work engagement and organisational trust will lead organisations to develop strategies to counter the consequences of cyberloafing. Research purpose: This research explored the relationships between cyberloafing, organisational justice, work engagement and organisational trust among South African office workers in the retail and manufacturing industry. Motivation for the study: Cyberloafing, a prevalent way for office employees to engage in non-work-related activities during work time, is considered harmful to organisations. Limited research exists about the relationship between cyberloafing and organisational justice, organisational trust and work engagement within South Africa. Research design, approach and method: A quantitative research design was followed. Questionnaires were administered in the South African retail and manufacturing industry; a convenient sample of N = 224 was obtained. Descriptive statistics, Cronbach’s alpha coefficients, structural equation modelling and bootstrapping were used for data analysis. Main findings: Organisational justice was positively related to organisational trust while organisational trust was positively related to work engagement; work engagement related negatively to cyberloafing. Organisational trust mediated the relationship between organisational justice and work engagement while work engagement mediated the relationship between organisational trust and cyberloafing. Practical and managerial implications: Strategies can be developed to enhance and warrant perceptions of organisational justice and fairness that will increase trust levels, leading to higher work engagement and decreased cyberloafing behaviour and resulting in higher productivity. Contribution or value-add: The research revealed that when employees perceive their organisations as being fair, organisational trust will increase, leading to heightened work

  6. The Temelin-Judgement of the European Court of Justice

    International Nuclear Information System (INIS)

    Scharf, W.G.

    2010-01-01

    On 27 October 2009, the European Court of justice (E.C.J.) rendered its milestone decision in the so called Cez case which deals with the operation of the Temelin nuclear power plant in the Czech Republic. The nuclear power plant in Temelin has strongly strained the relationship between Austria and the Czech Republic throughout its history, involving not only local communities but also high level politicians, members of Parliament and European Union institutions. Against the background of this tense relationship, the case was brought before the E.C.J., whose judgment shall be analysed in this paper. (N.C.)

  7. New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

    Directory of Open Access Journals (Sweden)

    Dimitrijević Marko

    2016-01-01

    Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

  8. The Constitutional Court Adjudication and Its Implications for the Justice Seekers

    OpenAIRE

    Sutiyoso, Bambang

    2008-01-01

    The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

  9. Transforming the European legal order: The European Court of Justice at 60+

    OpenAIRE

    Guth, J

    2016-01-01

    The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminar...

  10. An assessment of organisational justice perceptions across three generational cohorts

    Directory of Open Access Journals (Sweden)

    Ophillia Ledimo

    2015-09-01

    Full Text Available Despite several reviews of generational differences across cohorts regarding their career stages in organisations, relatively few empirical investigations have been conducted to understand these cohorts’s behaviour and perceptions. Hence there is paucity of studies that explored the generational differences on the construct organisational justice across generational cohorts. The objective of this study was to assess the differences across three generational cohorts (Millennials, Generation X, and Baby Boomers on dimensions of the organisational justice construct using the Organisational Justice Measurement Instrument (OJMI. Data was collected through the administration of OJMI to a random sample size of organisational employees (n=289. Descriptive statistics and analysis of variance were conducted to interpret the data. These findings provide evidence that differences do exist across cohorts on dimensions of organisational justice, and some differences may be a result of respondents’ different perception of their organisation’s practices and processes. In terms of contributions and practical implications, insight gained from the findings may be used in proposing organisational development interventions to manage multigenerational employees as well as to conduct future research.

  11. Organisational justice and mental health: a systematic review of prospective studies.

    Science.gov (United States)

    Ndjaboué, Ruth; Brisson, Chantal; Vézina, Michel

    2012-10-01

    The models most commonly used, to study the effects of psychosocial work factors on workers' health, are the demand-control-support (DCS) model and Effort-Reward Imbalance (ERI) model. An emerging body of research has identified Organisational Justice as another model that can help to explain deleterious health effects. This review aimed: (1) to identify prospective studies of the associations between organisational justice and mental health in industrialised countries from 1990 to 2010; (2) to evaluate the extent to which organisational justice has an effect on mental health independently of the DCS and ERI models; and (3) to discuss theoretical and empirical overlap and differences with previous models. The studies had to present associations between organisational justice and a mental health outcome, be prospective, and be entirely available in English or in French. Duplicated papers were excluded. Eleven prospective studies were selected for this review. They provide evidence that procedural justice and relational justice are associated with mental health. These associations remained significant even after controlling for the DCS and ERI models. There is a lack of prospective studies on distributive and informational justice. In conclusion, procedural and relational justice can be considered a different and complementary model to the DCS and ERI models. Future studies should evaluate the effect of change in exposure to organisational justice on employees' mental health over time.

  12. A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

    Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

  13. Multilingualism as a Principle of the EU Court of Justice

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2014-01-01

    Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

  14. Corruption, Political Instability and Economic Development in the Economic Community of West African States (ECOWAS: Is There a Causal Relationship?

    Directory of Open Access Journals (Sweden)

    Nurudeen Abu

    2015-04-01

    Full Text Available Despite the abundant research on economic development, corruption and political instability, little research has attempted to examine whether there is a causal relationship among them. This paper examines the causal relationship among corruption, political instability and economic development in the ECOWAS using the Granger causality test within a multivariate cointegration and error-correction framework for the 1996-2012 period. The findings indicate that political instability Granger-causes economic development in the short term, while political instability and economic development Granger-cause corruption in the long term. In addition, we employed the forecast error variance decomposition and impulse response function analyses to investigate the dynamic interaction between the variables. The results demonstrate positive unidirectional Granger causality from political instability to economic development in the short term and positive unidirectional Granger causality from political instability and economic development to corruption in the long term in ECOWAS countries. Thus, ECOWAS governments should employ policies to promote political stability in the region.

  15. Organisational justice and change in justice as predictors of employee health: the Whitehall II study.

    Science.gov (United States)

    Kivimäki, Mika; Ferrie, Jane E; Head, Jenny; Shipley, Martin J; Vahtera, Jussi; Marmot, Michael G

    2004-11-01

    Organisational justice has been proposed as a new way to examine the impact of psychosocial work environment on employee health. This article studied the justice of interpersonal treatment by supervisors (the relational component of organisational justice) as a predictor of health. Prospective cohort study. Phase 1 (1985-88) measured relational justice, job demands, job control, social support at work, effort-reward imbalance, and self rated health. Relational justice was assessed again at phase 2 (1989-90) and self rated health at phase 2 and phase 3 (1991-93). 20 civil service departments originally located in London. 10 308 civil servants (6895 men, 3413 women) aged 35-55. Self rated health. Men exposed to low justice at phase 1 or adverse change in justice between phase 1 and phase 2 were at higher risk of poor health at phase 2 and phase 3. A favourable change in justice was associated with reduced risk. Adjustment for other stress indicators had little effect on results. In women, low justice at phase 1 predicted poor health at phase 2 and phase 3 before but not after adjustment for other stress indicators. Adverse change in justice was associated with worse health prospects irrespective of adjustments. The extent to which people are treated with justice in workplaces seems to predict their health independently of established stressors at work. Evidence on reduced health risk after favourable change in organisational justice implies a promising area for health interventions at workplace.

  16. Organising Data Exchange in the Dutch Criminal Justice Chain

    Directory of Open Access Journals (Sweden)

    Philip LANGBROEK

    2009-12-01

    Full Text Available Effective exchange of information in the criminal justice chain is crucial for effective law enforcement, but difficult to achieve. This article describes the case of the development and introduction of electronic data exchange in the Dutch Criminal Justice chain. Basic theories on the introduction of IT in justice organizations are tested by means of qualitative empirical research. Case flow management automation is technically feasible in the criminal justice chain but presupposes willingness of different organizations attached to that chain to adapt working processes for that purpose. The Dutch case shows a relative failure of the development and implementation of an integrated case flow management system for the entire chain (from the police via the public prosecutions office and the courts up to the prison service. It also shows a relative success of connecting xml-based data files to different reference indexes using intelligent agent software. Compared to the intended integrated case flow management system this solution for inter-organizational data exchange is much more simple and flexible because it does not demand a far reaching adaptation of internal organizational routines. It avoids the complexities of justice organizations and simplifies tasks related to data exchange. The data therefore are more accurate and are faster available. The most important advantage however is that risks of failure of development and implementation are reduced.

  17. A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

    NARCIS (Netherlands)

    Gáspár-Szilágyi, S.

    2016-01-01

    This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the

  18. Court sentences in the aspect of theorems of validity, justice and certainty of bisectrixity

    Directory of Open Access Journals (Sweden)

    Sergey G. Ol’kov

    2016-01-01

    Full Text Available Objective to prove the theorems of validity justice and certainty of bisectrixity to elaborate the mathematical bases of the theory of court sentences. Methods observation deduction and induction applying the law of formal logic comparative analysis formaljuridical method mathematical methods. Results 1 theorems of validity justice and certainty of bisectrixity are proved and detailed 2 equally probable equilibrium and diagonal court sentences are viewed in the 2dimensional 3dimensional 4dimensional and 5dimensional space of criminal liability when the scope of punishment is determined by four variables y f x1 x2 x3 x4 where y ndash scope of punishment x1 ndash character and degree of the public danger of the deed x2 ndash category of a criminal public danger of the personality x3 ndash circumstances aggravating punishment x4 ndash circumstances extenuating punishment f ndash parameters of the equation connecting the left and right parts of the equation 3 aggravating and extenuating circumstances can be integrated into a single variable in the form of a fraction where the numerator is the scope of circumstances aggravating punishment x3 and thenbspdenominator is the extenuating circumstances x4 thus we obtain an integrated variable x3 x4 4 it is proved that the certainty of diagonal sentence is s c or v c times larger than the certainty of the equally probable sentence where с is the length of the diagonal s is the area of sentences vnbspis the space of sentences 5 it is proved that the bisectral sentence is the most optimal among the equilibrium ones as it equally takes into account the functions of the defense and the prosecution. Scientific novelty the newly obtained scientific results. Practical significance possibility to use the obtained scientific results for the development of criminallegal and criminalprocedural theories tonbspincrease the level of justice of the court sentences. Keywords Criminal procedure Theorem of validity Theorem

  19. Organisational justice and markers of inflammation: the Whitehall II study.

    Science.gov (United States)

    Elovainio, Marko; Ferrie, Jane E; Singh-Manoux, Archana; Gimeno, David; De Vogli, Roberto; Shipley, Martin; Vahtera, Jussi; Brunner, Eric; Marmot, Michael G; Kivimäki, Mika

    2010-02-01

    Low organisational justice has been shown to be associated with increased risk of various health problems, but the underlying mechanisms remain unclear. We tested whether organisational injustice contributes to chronic inflammation in a population of middle-aged men and women. This prospective cohort study uses data from 3205 men and 1204 women aged 35-55 years at entry into the Whitehall II study (phase 1, 1985-1988). Organisational justice perceptions were assessed at phase 1 and phase 2 (1989-1990) and circulating inflammatory markers C-reactive protein (CRP) and interleukin (IL)-6 at phase 3 (1991-1993) and phase 7 (2003-2004). In men, low organisational justice was associated with increased CRP levels at both follow-ups (phase 3 and 7) and increased IL-6 at the second follow-up (phase 7). The long term (phase 7) associations were largely independent of covariates, such as age, employment grade, body mass index and depressive symptoms. In women, no relationship was found between organisational justice and CRP or IL-6. This study suggests that organisational injustice is associated with increased long-term levels of inflammatory markers among men.

  20. Community Security and Justice under United Nations Governance: Lessons from Chiefs’ Courts in South Sudan’s Protection of Civilians Sites

    Directory of Open Access Journals (Sweden)

    Rachel Ibreck

    2017-12-01

    Full Text Available This article examines the public authority of chiefs’ courts within the United Nations Mission in South Sudan (UNMISS Protection of Civilians Sites (PoCs. After December 2013, UNMISS peacekeepers opened the gates of their bases to around 200,000 civilians fleeing war. This unintentionally created a legal and political anomaly. Over time, conflicts and crimes rose within the sites, and UNMISS improvised a form of administration. But while the internationals sought technical solutions, people displaced within the sites turned to familiar ‘customary’ methods to manage problems of insecurity, establishing chiefs’ courts. The PoC sites became an arena of plural authorities, with chiefs working alongside camp administrators, peacekeepers and humanitarian actors. We explore how and why the chiefs responded to insecurity within the sites and whether they engaged with, or diverged from United Nations actors and international norms. We demonstrate that justice remains central to the provision of security in contexts of war and displacement. International peace interventions are rightly wary of ‘customary’ justice processes that prioritise communities and families at the expense of individual rights, but this unique case shows that they are sources of trust and consistency that are resilient, adaptable and can contribute to human security.

  1. Jurisprudence by the European Court of Justice in the field of environment protection

    International Nuclear Information System (INIS)

    Lenz, C.O.

    1993-01-01

    The lecture gives a detailed overview of the jurisprudence by the European Court of Justice, especially of the legal and contractual basis of environment protection. It deals with the distribution of responsibilities, jurisprudence on water protection, clean air presevation, and disposal law. From a global viewpoint, the European Court of Justice can only give impulses, the implementation of concrete measures being the task of the politicians. (HSCH) [de

  2. The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law

    Directory of Open Access Journals (Sweden)

    Retselisitsoe Phooko

    2018-03-01

    Full Text Available The Southern African Development Community Tribunal (SADC Tribunal became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. This was due to the existence of various approaches to the reception of community law into domestic law. The tension between community law and domestic law, international law and domestic law, and community law and international law is as old as the hills. The monist and dualist theories of international law assist in attempting to clarify the nature of the relationship between international law and municipal law, but there is no guidance when it comes to community law and national law. This paper will explore how the SADC Community law can be applied uniformly by South Africa, Zimbabwe and all other SADC member states. This will be done by looking at decided cases with specific reference to South Africa and Zimbabwe. In order to establish the best practices in other jurisdictions, reference will be made to the East African Court of Justice, the European Union (EU and the European Court of Justice (ECJ. The discourse will conclude by advocating the adoption of a revised Protocol on the SADC Tribunal in order to clarify the nature of the relationship between the SADC Community law and the domestic laws of SADC member states.

  3. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law

  4. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law.

  5. Who Is Afraid of European Constitutionalism?

    DEFF Research Database (Denmark)

    Wind, Marlene

    the legitimacy of the European Court of Justice and of European law more generally. Using Denmark as a case, I show that national courts in a majoritarian democracy only reluctantly cooperate with supranational judicial bodies by referring very few cases. I argue that Nordic courts forward few cases...... to the European court of justice both because they have little experience with judicial review at the national level but also – and more importantly – due to a widespread hostility towards (supranational) judicial review in general.......According to Ronald Dworkin, majoritarian democracies like the Nordic ones are founded upon the notion that parliamentary majorities are elevated above the other branches of government and that such majorities should not be subject to judicial review. The emergence of a powerful supranational...

  6. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

  7. International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law

    International Nuclear Information System (INIS)

    Cletienne, M.

    2010-01-01

    On 4 May 2006, Argentina filed in the International Court of Justice ('ICJ') an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorizing the construction of a pulp mill (the 'CMB mill') and the construction and commissioning of another pulp mill (the 'Orion mill'), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. On 20 April 2010,1 the court rendered its decision settling this environmental dispute between Argentina and Uruguay. This paper will first summarize the judgement and then consider the main contribution of this decision to international environmental law, e.g. the recognition of an international customary rule to conduct an environmental impact assessment. Finally, the potential consequences of the decision in nuclear law will be addressed in the last part

  8. Europe's Constitutional Court : The Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers in the European Union

    NARCIS (Netherlands)

    Knook, A.D.L.

    2009-01-01

    This book examines the Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers of the European Union. This constitutional role is examined from five different angles. Chapters II and III examine the role of the Court of Justice in the Separation of Powers

  9. Considerations Regarding the Contribution of the Court of Justice of the European Union in Clarifying the Content of Non Discrimination Concept

    Directory of Open Access Journals (Sweden)

    Alina Livia NICU

    2010-11-01

    Full Text Available This paper aims at underlining the way in which the Court of Justice of the European Union contributes at the unitary application of the community law in the Union’s member states, by clarifying the content of some concepts. Equality and non discrimination represent the fundamental idea of edification of a democratic society and one of the fundamental principles regulated in the Treaty on European Union and the Treaty establishing the European Community, in the formamended by the Lisbon Treaty and this is the reason why we have opted for analyzing only the contribution of the Court of Justice of the European Union in clarifying the concept of non discrimination. There are also assessments made regarding the collocation “positive discrimination”, concluding that it is an inadequate locution and proposing variants to replace this collocation.

  10. Legal remedies in the proceedings before the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2014-01-01

    Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

  11. Satellites, Plasmas and Law: The Role of TeleCourt in Changing Conceptions of Justice and Authority in Ethiopia

    Directory of Open Access Journals (Sweden)

    Zenebe Beyene

    2015-05-01

    Full Text Available An ambitious experiment in the ICT and justice sector is underway in Ethiopia. As part of an effort to improve service delivery and the responsiveness of the state, the Ethiopian government has created 'TeleCourt,' a system that allows trials to take place between remote areas and regional or federal courts through videoconferencing and a satellite Internet connection. This article is the first to analyze how TeleCourt operates, with a particular focus on the perspectives of end-users, those who have had first-hand experience of how 'justice at a distance' actually works. The findings suggest general satisfaction with the savings - both in terms of financial burden and time costs that are often incurred when travelling to trials - which TeleCourt allows. As the system improves ways to provide justice to the grassroots, in line with the government's commitment towards peasants, this must also be considered in the context of the Ethiopian government's growing efforts to use law to curb political dissent. This is indicative of a broader tendency of selectively adopting and reshaping ICTs and extending them to the poorest people in Ethiopia in order to support the functioning of the state, while other uses of ICTs that are seen as potentially destabilizing are discouraged or forbidden.

  12. Organisational justice, trust and perceptions of fairness in the implementation of agenda for change

    Energy Technology Data Exchange (ETDEWEB)

    Williamson, Keren, E-mail: williamsonk2@cardiff.ac.u [Department of Radiography, School of Healthcare Studies, Cardiff University, Heath Park, Cardiff CF14 4XN (United Kingdom); Williams, Kristy J. [Radiotherapy Department, Queen Elizabeth Hospital, Birmingham B15 2TH (United Kingdom)

    2011-02-15

    Background: Agenda for Change (AfC) was introduced to ensure equity of rewards for work of equal value, irrespective of professional background. Radiographer grades were evaluated and matched against job profiles and placed within the relevant pay bands of AfC. Equity theory suggests that individuals will make comparisons between themselves and others with regard to their rewards resulting in justice perceptions which may affect morale and work behaviours. This case study explored the justice perceptions and effect on co-worker relationships of a group of therapeutic radiographers in the process and outcomes of the implementation of AfC within their organisation. Method: An existential phenomenological approach was used and self administered questionnaires utilised for data collection. A sample of band 5-8a therapeutic radiographers from one regional Cancer Centre was questioned. Content analysis was applied to systematically and objectively categorise information into recurring themes. Findings: Open coding identified two main themes which were termed Recognition and Resentment. Data was analysed in terms of organisational justice theory and issues were identified in relation to recognition of extra-role behaviour and trust in those tasked with job matching and decision making. Conclusion: There appeared to be a perceived lack of justice in relation to the implementation of AfC, resulting in a lowering of staff morale and organisational commitment. However, no effect on co-worker relations was reported. Professional values appear to supersede issues of organisational justice, with staff asserting that patient care must override any matter of personal dissatisfaction.

  13. Organisational justice, trust and perceptions of fairness in the implementation of agenda for change

    International Nuclear Information System (INIS)

    Williamson, Keren; Williams, Kristy J.

    2011-01-01

    Background: Agenda for Change (AfC) was introduced to ensure equity of rewards for work of equal value, irrespective of professional background. Radiographer grades were evaluated and matched against job profiles and placed within the relevant pay bands of AfC. Equity theory suggests that individuals will make comparisons between themselves and others with regard to their rewards resulting in justice perceptions which may affect morale and work behaviours. This case study explored the justice perceptions and effect on co-worker relationships of a group of therapeutic radiographers in the process and outcomes of the implementation of AfC within their organisation. Method: An existential phenomenological approach was used and self administered questionnaires utilised for data collection. A sample of band 5-8a therapeutic radiographers from one regional Cancer Centre was questioned. Content analysis was applied to systematically and objectively categorise information into recurring themes. Findings: Open coding identified two main themes which were termed Recognition and Resentment. Data was analysed in terms of organisational justice theory and issues were identified in relation to recognition of extra-role behaviour and trust in those tasked with job matching and decision making. Conclusion: There appeared to be a perceived lack of justice in relation to the implementation of AfC, resulting in a lowering of staff morale and organisational commitment. However, no effect on co-worker relations was reported. Professional values appear to supersede issues of organisational justice, with staff asserting that patient care must override any matter of personal dissatisfaction.

  14. Organising integration

    DEFF Research Database (Denmark)

    Axelsson, Runo

    2013-01-01

    Background: In Sweden, as in many other countries, there has been a succession of trends in the organisation of health care and other welfare services. These trends have had different implications for the integration of services in the health and welfare system. Aims: One aim is to discuss...... the implications of different organisational trends for the integration of health and welfare services. Another aim is to introduce a Swedish model of financial coordination as a flexible way to organise integration. Organisational trends: In the 1960’s there was an expansion of health and welfare services leading...... an increasing lack of integration in the health and welfare system. In the 2000’s, there has been a re-centralisation through mergers of hospitals, regions and state agencies. It has become clear, however, that mergers do not promote integration but rather increase the bureaucratisation of the system. Model...

  15. Military Justice: Courts of Military Review--Rules of Practice and Procedure

    National Research Council Canada - National Science Library

    1986-01-01

    ...) This revision, in conformity with the Military Justice Act of 1983 and Manual for Courts-Martial 1984, changes past practice and procedures in several significant areas, and alters other procedures...

  16. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

    Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

  17. THE EUROPEAN COMMISSION – THE EXERCISE OF THE POWERS OF CONTROL AND MONITORING OF THE ENFORCEMENT OF THE LEGISLATION OF THE EUROPEAN UNION IN THE MOLDOVA NOUA CASE

    Directory of Open Access Journals (Sweden)

    Adriana Deac

    2014-11-01

    Full Text Available One of the competencies that the EU Treaties confer to the European Commission is the control and supervision of the application of primary and secondary law and the enforcement of this legislation so it is observed by private persons, Member States and EU institutions2 . Further to an official communiqué in October 2014, the European Commission has announced that it sued Romania at the European Union Court of Justice concerning the failure to observe EU legislation on the treatment of extractive industry waste. Namely, it refers to the Moldova Noua case, in which toxic waste from the zinc and copper mines were discharged into the Bosneag pond. This paper means to present the regulations in the field of extractive industry, the competence of the European Commission regarding the enforcement of EU legislation and the ability to sue a Member State at the EU Court of Justice, when the entity exploiting the zinc and copper deposits is not the Romanian state, but a private law legal person.

  18. Reforming the court management system of Romania in the European Union integration process

    Directory of Open Access Journals (Sweden)

    Nicolae Elvis Cioabă

    2014-11-01

    Full Text Available The Superior Council of Magistracy represent a cornerstone of the Romanian court management system. This responsibility is partly shared with the Ministry of Justice. The reform of the court management system in Romania has been and still is disputable, the main actors being on one hand the magistrates and on the other the Ministry of Justice. While observing this „dispute“ we may discover a third actor, namely the European Union, who has entered scene in the context of Romania’s European integration. This research is looking to plausibly explain which was the part played by the EU and how did it influence the above mentioned reform, with special emphasis on the Superior Council of Magistracy.

  19. Procedure of preliminary decision as a supranational judicial keynote of the European Union member states

    Directory of Open Access Journals (Sweden)

    Delia Magherescu

    2017-10-01

    Full Text Available The procedure of preliminary decision has been for a long time agreed unanimously both by doctrine and jurisprudence and considered as a keynote in developing notional law systems of the European Communities. In the national frame, it is similarly with submitting unconstitutional exception, regulated in several national jurisdictions of the EU Member States. The current paper aims at providing some argues based on a jurisprudence frame of the procedure of preliminary decision made by the Court of Justice of the European Union, as being directory for the national EU Member States’ courts of justice. It also focuses on the judicial issues whose solution is needed in order for the national justice to solve the cases they were invested with.

  20. The impact of emotional intelligence on work engagement of registered nurses: the mediating role of organisational justice.

    Science.gov (United States)

    Zhu, Yun; Liu, Congcong; Guo, Bingmei; Zhao, Lin; Lou, Fenglan

    2015-08-01

    To explore the impact of emotional intelligence and organisational justice on work engagement in Chinese nurses and to examine the mediating role of organisational justice to provide implications for promoting clinical nurses' work engagement. The importance of work engagement on nurses' well-being and quality of care has been well documented. Work engagement is significantly predicted by job resources. However, little research has concentrated simultaneously on the influence of both personal and organisational resources on nurses' work engagement. A descriptive, cross-sectional design was employed. A total of 511 nurses from four public hospitals were enrolled by multistage sampling. Data collection was undertaken using the Wong and Law Emotional Intelligence Scale, the Organizational Justice questionnaire and the Utrecht Work Engagement Scale-9. We analysed the data using structural equation modelling. Emotional intelligence and organisational justice were significant predictors and they accounted for 44% of the variance in nurses' work engagement. Bootstrap estimation confirmed an indirect effect of emotional intelligence on work engagement via organisational justice. Emotional intelligence and organisational justice positively predict work engagement and organisational justice partially mediates the relationship between emotional intelligence and work engagement. Our study supports the idea that enhancing organisational justice can increase the impact of emotional intelligence. Managers should take into account the importance of emotional intelligence and perceptions of organisational justice in human resources management and apply targeted interventions to foster work engagement. © 2015 John Wiley & Sons Ltd.

  1. The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Goga Gina Livioara

    2010-06-01

    Full Text Available According to the law of the European Union, in case one of the institutions of the Union or an organ, office or agency belonging to the Union refrains from making a decision, the member states and theother institutions of the Union are entitled to make a notification to the Court of Justice of the European Union. The Court has the competence to verify the legality of the legislative acts of the institutions, offices, organs or agencies of the Union that are meant to produce judicial effects towards third parties and iscompetent to pronounce itself, by preliminary decision regarding the interpretation of the treaties, namely the validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also, according to the primary treaties, any legal issues related to the non- fulfillment of the treaty’s provisions, non compliance with the community legislation, not executing the decisions of the Court of Justice or non compliance with the terms of an agreement between the EU and a third state, as well as the legal aspects related to the application of penalties based on the regulations of the EU, contractual and extra contractualliability are subordinated to the control of the Unions’ judicial instance.

  2. Image and Substance Failures in Regional Organisations: Causes, Consequences, Learning and Change?

    Directory of Open Access Journals (Sweden)

    Meng Hsuan Chou

    2016-08-01

    Full Text Available States often pool their sovereignty, capacity and resources to provide regionally specific public goods, such as security or trade rules, and regional organisations play important roles in international relations as institutions that attempt to secure peace and contribute to achieving other similar global policy goals. We observe failures occurring in these arrangements and activities in two areas: substance and image. To analytically account for this, we distinguish four modes of substance and image change and link these to specific types of failure and (lack of learning. To empirically ground and test our assumptions, we examine instances of image failure in ASEAN (political/security policy and substantive policy failure in EU labour migration policy. In so doing, this article contributes to several different fields of study and concepts that have hitherto rarely engaged with one another: analyses of policy failure from public policy, and regional integration concerns from area studies and international relations. We conclude with suggestions for ways forward to further analyse and understand failures at the international and supranational levels.

  3. Constitutional Court's Crisis Management of Akil Mochtar's Case

    OpenAIRE

    Uli Mediana, Cipta; Naryoso, S.Sos, M.Si, Agus

    2016-01-01

    The Constitutional Court is one of the state institutions that conduct independent judicial power to hold a court in order to enforce law and justice in Indonesia that became a proof of state agencies was also not spared from the crisis. The Chairman of the Constitutional Court in 2013, Akil Mochtar caught red-handed by the Corruption Eradication Commission (KPK) for allegedly receiving bribe money for handling election disputes Gunung Mas, Central Kalimantan and elections Lebak, Banten. Sinc...

  4. The Effects of Managers Leadership Practices on Organisational Citizenship Behaviours and Intervening Role of Organisational Justice: Sample of Accommodation Sector in Mugla

    Directory of Open Access Journals (Sweden)

    Taner DALGIN

    2016-12-01

    Full Text Available The focal point of this study is organisational citizenship behaviour notion that came into prominence after the study about in this subject researched by Bateman and Organ in 1983. In this study we aim to research the effect of leadership practises on organisational citizenship behaviour and how organisational justice affects the relationship between leadership practises and organisational citizenship behaviour as an intervening variable. We collected data about leadership practices and organizational justice perceptions and organizational citizenship behaviour. According to findings, most related leadership practices with organizational citizenship behaviour are enable others to act, model to way and inspire a shared vision. Finally we evaluate intervening variable role of organizational justice perceptions on relationship between leadership practices and organizational citizenship behaviour. According to findings, organizational justice has partially an intervening variable role on relationship between leadership practices and organizational citizenship behaviour. Organizational justice intensifies positive effects of leadership practices on organizational citizenship behaviour

  5. Court Administrators and the Judiciary — Partners in the Delivery of Justice

    Directory of Open Access Journals (Sweden)

    Wayne Stewart Martin

    2014-12-01

    Full Text Available This article examines several topics relating to the administration and governance of courts in democratic societies.  It includes a summary of the development of court administration as a profession, highlighting Australia and the United States.  The summary includes a discussion of how judges and court administrators must work together and coordinate their efforts in key areas of court administration and management.  The article also reviews separation of powers issues, highlighting the problems that emerge in systems in which oversight and administration of the courts is vested in the executive branch or power of government, most commonly in a justice ministry.  It reviews the practical advantages of having courts governed and managed through institutional mechanisms within the judicial power rather than the executive power.

  6. Low organisational justice and heavy drinking: a prospective cohort study.

    Science.gov (United States)

    Kouvonen, Anne; Kivimäki, Mika; Elovainio, Marko; Väänänen, Ari; De Vogli, Roberto; Heponiemi, Tarja; Linna, Anne; Pentti, Jaana; Vahtera, Jussi

    2008-01-01

    To investigate whether low perceived organisational injustice predicts heavy drinking among employees. Data from a prospective occupational cohort study, the 10-Town Study, on 15 290 Finnish public sector local government employees nested in 2432 work units, were used. Non-drinkers were excluded. Procedural, interactional and total organisational justice, heavy drinking (>/=210 g of absolute alcohol per week) and other psychosocial factors were determined by means of questionnaire in 2000-2001 (phase 1) and 2004 (phase 2). Multilevel logistic regression analyses taking into account the hierarchical structure of the data were conducted and adjustments were made for sex, age, socio-economic status, marital status, baseline heavy drinking, psychological distress and other psychosocial risk factors such as job strain and effort/reward imbalance. After adjustments, participants who reported low procedural justice at phase 1 were approximately 1.2 times more likely to be heavy drinkers at phase 2 compared with their counterparts reporting high justice. Low perceived justice in interpersonal treatment and low perceived total organisational justice were associated with increased prevalence of heavy drinking only in the model adjusted for sociodemographics. This is the first longitudinal study to show that low procedural justice is weakly associated with an increased likelihood of heavy drinking.

  7. NATIONAL COUNCIL FOR COMBATING DISCRIMINATION – COURT OF JUSTICE OF EUROPEAN UNION – BUCHAREST COURT OF APPEAL. CAUSE C-81/12

    Directory of Open Access Journals (Sweden)

    Cristian JURA

    2014-05-01

    Full Text Available The scope of this investigation consists in closing the jurisdictional circle initiated in 2010 and analysing the national and European procedural, jurisdictional-administrative issues, in case of notifying some institutions related to certain discriminatory assertions. The investigation relies on assertions made during a radio show. On 12 October 2011 the Bucharest Court of Appeal ruled the notification of the Court of Justice of European Union related to preliminary questions formulated and ordered the suspension of the case until the settlement of the procedure. In 2013, the Bucharest Court of Appeal, although initially accepting the preliminary application of ACCEPT, submitting the case to the Court of Justice of European Union in order to determine the manner of interpretation of communitarian legislation related to the claims of plaintiff, eventually all arguments of CNCD have been accepted that is the warning is an effective, reasonable, dissuasive and (contextual proportional sanction, and such declaration cannot be understood as a discrimination in the labour field. De facto, the assertions of CNCD were in full agreement with the resolution of the Court of Justice of European Union, that is the communitarian legislation does not exclude the application of some sanctions without pecuniary character, such as the sanction with warning, since this kind of sanction does not have only a symbolic character, being a contraventional legal sanction, mainly when associated a relevant degree of advertising (such in the case, and the addressee is addressed, with arguments, directly and expressly the recommendation of meeting the non-discrimination principle, under the implicit effect of a more drastic sanction in case of relapse (discrimination in the same field.

  8. Peacekeeping in a bad neighbourhood: The Economic Community ...

    African Journals Online (AJOL)

    ... deployments have been cited as a reflection of this development, despite its many problems and challenges. If this is the case, what has been the role and contribution of ECOWAS (the Economic Community of West African States) integration in regional peace, security, conflict prevention, management and resolution?

  9. So You Want to Become a Supreme Court Justice?

    Science.gov (United States)

    Nicholanco, Edward

    1989-01-01

    Using a simulation of the constitutional procedures on appointment of U.S. Supreme Court justices, illustrates how the separation of powers established by the Constitution affects all three branches of government. Provides an outline of the simulation procedure, a lesson plan, and a brief bibliography. (LS)

  10. The European Court of Justice and the National Interests of the European Union’s Member States

    Directory of Open Access Journals (Sweden)

    Тетяна Комарова

    2016-09-01

    Full Text Available The article is devoted to the research of CJEU’s practice concerning the interpretation of national interests of the European Union’s Member States in resolving disputes submitted for its consideration. Analyzed decisions of the CJEU allows to trace its position on the matter and the evolution of practices regarding the balance between different interests – the interests of the Union and the States. Also in article there are analyzed actual problems of the modern European Union law (human rights, free enterprise, etc., its institutional system and direct the judicial authorities in the EU. For modern evolution of the EU it is highly important to have orientation not only on common interests of the EU but on interests of members states. In the late jurisprudence of the Court of Justice of the European Union there is a tendency of retreating from strict practice of favoring only to interests of the EU and interpreting interests of members states in order to find the balance between two types of interest especially after amendments of Lisbon treaty. In the context of this research it should be noted that the Court of Justice of the European Union during interpretation of national interests of member states uses the principle of self-restriction in interpretation of law. Herewith the Court quite flexible uses this principle and this leads to appearance of new highly important precedents.  It should be underlined that the Court has a negative to the application of acte claire doctrine because of some risk of been bound to act only in one direction without taking into consideration any possible changes of judicial practice in future. The conclusion is made that for the strengthening of European integration it is highly important not only the jurisprudence of the Court, but the activity of constitutional courts of member states and also their parliaments, which under Lisbon treaty got a lot of democratic competences. Exactly the cooperation of

  11. Regional International Courts in Search of Relevance - Adjudicating Politically Sensitive Disputes in Central America and the Caribbean

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    The Central American and of the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States chiefly envisaged them as EU-style regional economic courts, they have explored the whole extension of their formally delegated functions and have developed pecul...... sensitive issues becomes less surprising, and – the article argues – it constitutes part of a strategy of the judges to legitimize the two Courts vis-à-vis their peculiar institutional, political, and social environments....... peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and mega-politics. The article explains how two ICs seemingly established to build common markets have come to rule on high-stakes political disputes, which, ostensibly, have little to do with regional economic...... integration. The article posits that the scholarship on delegation to ICs is only partially able to provide an answer to this question. It, hence, suggests an alternative theoretical framework by relying on transnational field theory and reflexive sociology. The article demonstrates that, despite the rhetoric...

  12. The role of organisational justice, burnout and commitment in the understanding of absenteeism in the Canadian healthcare sector.

    Science.gov (United States)

    Chênevert, Denis; Jourdain, Genevieve; Cole, Nona; Banville, Brigitte

    2013-01-01

    The purpose of this paper is to integrate Greenberg's perspective on the connection between injustice and stress in order to clarify the role of organisational justice, burnout and organisational commitment in the understanding of absenteeism. The study was carried out among 457 workers of a large healthcare establishment in the Canadian public healthcare sector. The model was tested using structural equation methods. The results reveal that procedural and interactional justices have an indirect effect on exhaustion through distributive injustice. Moreover, it was found that distributive injustice is indirectly linked to short-term absences through exhaustion. By contrast, the relationship between distributive injustice and long-term absence can be explained by two mediating variables, namely, exhaustion and psychosomatic complaints. In spite of the non-longitudinal nature of this study, the results suggest that the stress model and the medical model best explain the relationship between organisational injustice and absenteeism, while the withdrawal model via organisational commitment is not associated in this study with absenteeism. Healthcare managers should consider the possibility of better involving employees in the decision-making process in order to increase their perception of procedural and interactional justice, and indirectly reduce exhaustion and absenteeism through a greater perception of distributive justice. For the healthcare sector, the need to reduce absenteeism is particularly urgent because of budget restrictions and the shortage of labour around the world. This is one of the first studies to provide a complete model that analyses the stress process in terms of how organisational justice affects short- and long-term absences, in a bid to understand the specific process and factors that lead to shorter and longer episodes of absence.

  13. A Field Study of Participant Reactions to a Developmental Assessment Centre: Testing an organisational justice model

    Directory of Open Access Journals (Sweden)

    Michael M Harris

    2008-06-01

    Full Text Available Although assessment centres are being increasingly employed for developmental purposes, there has been a dearth of research regarding them. We investigated an organisational justice theory model suggested by Cohen-Charash and Spector (2001 in this relatively novel context. The model included antecedents (e.g., perceived validity, organisational justice perceptions (i.e., distributive justice and procedural justice, and one outcome (i.e., feedback utility perceptions. Most of our hypotheses were supported, suggesting much evidence for this model. The predicted effect for perceived fakability was not supported. Contrary to our hypothesis, distributive justice perceptions were at least as important as procedural justice perceptions in predicting feedback utility perceptions. A direct test of the effect of context on organisational justice theory is recommended.

  14. Incivility from patients and their families: can organisational justice protect nurses from burnout?

    Science.gov (United States)

    Campana, Kristie L; Hammoud, Sammira

    2015-09-01

    To determine whether interpersonal and informational justice influence the association between daily experiences of incivility and burnout among nurses. Research has suggested that incivility is a concern for managers. Nurses regularly experience incivility, particularly from their patients and patients' families. Incivility, in turn, can increase symptoms of burnout. Seventy-five nurses provided data on interpersonal and informational justice within their organisation. During five working days, nurses completed a twice-daily survey assessing incivility and burnout. Hierarchical linear modelling analyses examined the main effects and interaction effects of the three variables on burnout. Incivility was positively associated with burnout. In addition, interpersonal justice strengthened the incivility-burnout relationship. Informational justice did not significantly affect the incivility-burnout relationship. Incivility is associated with more burnout. The work environment also influences burnout; when organisations provide informational justice, nurses experience less burnout. In organisations where interpersonal justice is high, nurses are more likely to experience burnout. Nursing managers can help employees by ensuring that management's decisions are transparent. In addition, managers should be aware that in organisations with higher interpersonal justice, nurses might be more likely to experience symptoms of burnout as a result of incivility from patients and their families. © 2013 John Wiley & Sons Ltd.

  15. Nuclear weapons and the World Court ruling

    International Nuclear Information System (INIS)

    Singh, J.

    1998-01-01

    based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

  16. Organisational justice and cognitive function in middle-aged employees: the Whitehall II study.

    Science.gov (United States)

    Elovainio, Marko; Singh-Manoux, Archana; Ferrie, Jane E; Shipley, Martin; Gimeno, David; De Vogli, Roberto; Vahtera, Jussi; Virtanen, Marianna; Jokela, Markus; Marmot, Michael G; Kivimäki, Mika

    2012-06-01

    Little is known about the role that work-related factors play in the decline of cognitive function. This study examined the association between perceived organisational justice and cognitive function among middle-aged men and women. Perceived organisational justice was measured at phases 1 (1985-8) and 2 (1989-90) of the Whitehall II study when the participants were 35-55 years old. Assessment of cognitive function at the screening clinic at phases 5 (1997-9) and 7 (2003-4) included the following tests in the screening clinic: memory, inductive reasoning (Alice Heim 4), vocabulary (Mill Hill), and verbal fluency (phonemic and semantic). Mean exposure to lower organisational justice at phases 1 and 2 in relation to cognitive function at phases 5 and 7 were analysed using linear regression analyses. The final sample included 4531 men and women. Lower mean levels of justice at phases 1 and 2 were associated with worse cognitive function in terms of memory, inductive reasoning, vocabulary and verbal fluency at both phases 5 and 7. These associations were independent of covariates, such as age, occupational grade, behavioural risks, depression, hypertension and job strain. This study suggests an association between perceived organisational justice and cognitive function. Further studies are needed to examine whether interventions designed to improve organisational justice would affect employees' cognition function favourably.

  17. Everyday suffering outside prison walls: a legacy of community justice in post-genocide Rwanda.

    Science.gov (United States)

    Rutayisire, Théoneste; Richters, Annemiek

    2014-11-01

    Twenty years after the 1994 genocide, Rwanda shows all indications of moving quickly towards socio-economic prosperity. Rwanda's community justice system, Gacaca, was to complement this prosperity by establishing peace and stability through justice, reconciliation and healing. Evaluations of the Gacaca courts' achievements from 2002 to 2012 have had widely differing conclusions. This article adds to previous evaluations by drawing attention to specific forms of relatively neglected suffering (in literature and public space) that have emerged from the Gacaca courts or were amplified by these courts and jeopardize Gacaca's objectives. The ethnographic study that informs the article was conducted in southeastern Rwanda from September 2008-December 2012 among 19 ex-prisoners and 24 women with husbands in prison including their family members, friends and neighbors. Study findings suggest that large scale imprisonment of genocide suspects coupled with Gacaca court proceedings have tainted the suffering of ex-prisoners and women with imprisoned husbands in unique ways, which makes their plight unparalleled in other countries. We argue that the nature and scale of this suffering and the potentially detrimental impact on families and communities require humanitarian action. However, in Rwanda's post-genocide reality, the suffering of these two groups is overwhelmed by that of other vulnerable groups, such as genocide survivors and orphaned children; hence it is rarely acknowledged. Copyright © 2014 Elsevier Ltd. All rights reserved.

  18. Regional Themes and Global Means in Supra-National Higher Education Policy

    Science.gov (United States)

    Watson, Pam

    2009-01-01

    The supra-national level has become increasingly important in educational policy formulation. This paper describes and compares two settings in which growth in these supra-national policies is evident--in Europe and in Africa. Key themes arising in policy documents in each context are examined. A distinction is drawn in analysis between themes…

  19. Review of Regional Criminal Justice Training Academies. House Document No. 28. Report of the Joint Legislative Audit and Review Commission to the Governor and the General Assembly of Virginia.

    Science.gov (United States)

    Virginia State General Assembly, Richmond. Joint Legislative Audit and Review Commission.

    Virginia has 36 criminal justice training academies, including 10 regional academies. The academies conduct entry-level, inservice, and specialized training for law enforcement officers, jailers, and other criminal justice personnel. In 1998, the Joint Legislative Audit and Review Commission (JLARC) was directed to review the quality, consistency,…

  20. Economic institutions and economic growth: Empirical evidence from the Economic Community of West African States

    Directory of Open Access Journals (Sweden)

    Lazarus Z. Wanjuu

    2017-12-01

    Background: Economic institutions are considered as the fundamental cause of economic growth. Economic institutions affect economic growth through allocation of resources like physical and human capital. Unfortunately, there is dearth of empirical studies showing the impact of economic institutions on growth of the Economic Community of West African States (ECOWAS. Aim: This study investigates the impact of economic institutions on economic growth of the ECOWAS. Setting and method: The study applied cause and effect relationship. The study used econometric research techniques of unit root and co-integration tests to establish the time series properties of the data; the vector error correction and co-integration regression models to estimate the population parameters. The research data comprised data obtained from the United Nations Conference on Trade and Development (UNCTAD, the Transparency International (TI and Heritage Foundation databases. The variables employed were the real gross domestic product (GDP per capita (RGDPPC, corruption perception index (CPI, property rights protection (PROPRGT, private investment per capita (INVESPC, government expenditure per capita (GOEXPPC and trade openness (TRAOPN. Results: The results of the data analysed showed that economic institutions represented by the property rights index engender RGDPPC growth in ECOWAS. The CPI could not stimulate RGDPPC growth in ECOWAS. The results also show that all the other variables stimulated growth except trade openness. Conclusion: The study concludes that good economic institutions, private investments, and government intervention by providing security, economic and social infrastructural facilities are conducive for economic growth in the ECOWAS region. The study recommended that more efforts be made at curbing corruption in the region

  1. Law and Space: Juridical Organisation and Central Places in Banat, Western Romania

    Directory of Open Access Journals (Sweden)

    COSMIN FLAVIUS COSTAŞ

    2008-01-01

    Full Text Available The paper analyzes the relationship between the juridical system and the hierarchy of settlements in Banat, Romania. The historical development of the law institutions is presented, highlighting the peculiarities of the region. The present juridical organisation is also thoroughly analysed. Emphasis is laid on the importance of the Appellate Court in Timişoara, the county courts and the trial courts, and their magistrates. The number and territorial distribution of the auxiliaries of justice, the lawyers and notaries public, sheds light on the significance of certain settlements for the law system. The hierarchy of central places in Banat is studied from the perspective of the juridical organisation. In conclusion, the established hierarchy is uncontested for the first four levels, including the cities of Timişoara, Arad, Reşiţa, Lugoj and Caransebeş. Nevertheless, there are significant differences between the smaller towns of the lower levels.

  2. Procedural justice in mental health courts: Judicial practices, participant perceptions, and outcomes related to mental health recovery

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2015-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed. PMID:23415372

  3. Community Building in Social Justice Work: A Critical Approach

    Science.gov (United States)

    Bettez, Silvia Cristina; Hytten, Kathy

    2013-01-01

    In this article we argue for the importance of building critical communities as an integral, yet neglected, aspect of education for social justice. We begin by defining critical communities and by describing goals and vision for social justice education. We then explore how community is discussed in the education literature, limitations and…

  4. Healing the victim, the young offender, and the community via restorative justice: an international perspective.

    Science.gov (United States)

    Goren, S

    2001-03-01

    The 1990s saw the enactment of much "get tough with young offenders" legislation in the United States. At the same, problems with our present punishment and treatment model, in which many youngsters cycle repeatedly through the justice and mental health systems, raised interest in restorative justice, a community-based alternative model emphasizing a balanced, negotiated approach to the needs of victims, offenders, and the community. After summarizing the philosophical bases underlying both models, this article describes the practice of restorative justice in New Zealand, where it was pioneered. Restorative justice has special relevance for Maori community in New Zealand and minority communities in the United States, where youth are consistently overrepresented in the courts, detention centers, and jails, and in which the juvenile justice system is seen as hostile and biased. Outcome data from New Zealand and early outcome research from the United States suggest that the restorative model, in which offenses are understood as a breakdown in social bonds, offers a hopeful alternative for offending youngsters, their families, and their communities.

  5. West Africa’s Efforts to Build Regional Security: An Analysis of Past ECOWAS Interventions to Determine what is Needed to Increase its Peacekeeping Capabilities

    Science.gov (United States)

    2010-06-11

    political, financial and material support for the initiative of ECOWAS. The OAU promoted the evolution of a regional consensus behind ECOMOG, and contributed...Houphouet-Boigny, Côte d’Ivoire developed its economy, attracted significant foreign investments and became the world largest producer of cocoa

  6. Business ethics and prospects for restorative justice in selected commercial organisations based in Singapore

    OpenAIRE

    Abdul Rahim, Razwana Begum

    2017-01-01

    This study explores the principles and practices of business ethics in commercial organisations in Singapore. It also addresses the potential of the concept, restorative justice as a feature of ethical practice in commercial organisations. Two research questions guided the study which were i) what are the principles and practices of business ethics in commercial organisations based in Singapore and ii) what is the potential of restorative justice in commercial organisations based in Singapo...

  7. the influence of organisational justice on employees' commitment

    African Journals Online (AJOL)

    Mugumbate

    five manufacturing firms from Industrial Estates in Ibadan, Oyo. States. ... payment for the performance of concrete tasks are basis ... discussions in the utilisation of organisational justice in the work place ... rules are to be applied, they are equality (to each the same) .... organization, and has implication for the decision to.

  8. Organisational justice and health of employees: prospective cohort study.

    Science.gov (United States)

    Kivimäki, M; Elovainio, M; Vahtera, J; Ferrie, J E

    2003-01-01

    To examine the association between components of organisational justice (that is, justice of decision making procedures and interpersonal treatment) and health of employees. The Poisson regression analyses of recorded all-cause sickness absences with medical certificate and the logistic regression analyses of minor psychiatric morbidity, as assessed by the General Health Questionnaire, and poor self rated health status were based on a cohort of 416 male and 3357 female employees working during 1998-2000 in 10 hospitals in Finland. Low versus high justice of decision making procedures was associated with a 41% higher risk of sickness absence in men (rate ratio (RR) 1.4, 95% confidence interval (CI) 1.1 to 1.8), and a 12% higher risk in women (RR 1.1, 95% CI 1.0 to 1.2) after adjustment for baseline characteristics. The corresponding odds ratios (OR) for minor psychiatric morbidity were 1.6 (95% CI 1.0 to 2.6) in men and 1.4 (95% CI 1.2 to 1.7) in women, and for self rated health 1.4 in both sexes. In interpersonal treatment, low justice increased the risk of sickness absence (RR 1.3 (95% CI 1.0 to 1.6) and RR 1.2 (95% CI 1.2 to 1.3) in men and women respectively), and minor psychiatric morbidity (OR 1.2 in both sexes). These figures largely persisted after control for other risk factors (for example, job control, workload, social support, and hostility) and they were replicated in initially healthy subcohorts. No evidence was found to support the hypothesis that organisational justice would represent a consequence of health (reversed causality). This is the first longitudinal study to show that the extent to which people are treated with justice in workplaces independently predicts their health.

  9. Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism

    Science.gov (United States)

    Rodriguez, Nancy

    2007-01-01

    Programs with restorative justice ideals attempt to incorporate victims and community members into the administration of justice. Although these programs have become increasingly popular, only a few programs in the United States have been the focus of prior studies. Using official juvenile court data from an urban, metropolitan area, this study…

  10. The decision of the International Court of Justice related to preliminary exceptions in the Nicaragua v. Colombia case

    Directory of Open Access Journals (Sweden)

    Rafael Nieto Navia

    2010-05-01

    Full Text Available This article is divided into three main parts. The fi rst part presents the precedents in the case relating to delimiting the Caribbean Sea boundary between Nicaragua and Colombia. It analyzes the competence of the International Court of Justice – ICJ (the Court in accordance with Article 36 of the Statute of the Court; consequently, it studies the Declaration of the acceptance of the Competence of the Court presented by Colombia to the Permanent Court of International Justice in 1937 as well as the Bogota Pact of 1948 as to its applicability and breadth as regards the 1928 EsguerraBárcenas Treaty. The second part presents a detailed analysis of the decision of the Court on the preliminary exceptions in which it was determined that the sovereignty of the islands of San Andres, Providencia, and Santa Catalina was Colombian, that the Esguerra-Bárcenas Treaty was not treaty delimiting maritime boundaries and that it (the Court was competent to get to the foundation of the matter. The third part sets out the actions which still must be completed relative to the foundation of the case.

  11. The res judicata rule in jurisdictional decisions of the international Court of justice

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2014-01-01

    Full Text Available The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the res judicata rule - its binding force and finality. A perception of distinct relativity of a jurisdictional decision of the Court, expressing its interlocatory character pervades, in his opinion, the body of law regulating the Court's activity. Preliminary objections as such do not exhaust objections to the jurisdiction of the Court, as evidenced by non-preliminary objections to the jurisdiction of the Court giving rise to the application of the principle compétence de la compétence understood in the narrow sense. With regard to the binding force of a judgment on preliminary objections, it does not create legal obligations stricto sensu. The author finds that the relative character of jurisdictional decisions of the Court as compared with a judgment on the merits is justified on a number of grounds.

  12. The Job Market for Justice: Screening and selecting candidates for the International Court of Justice

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    2017-01-01

    Over the past few decades, states have granted greater independence and authority to international courts, yet still retain their ability to control who sits on the bench. This article examines how governments use their power of judicial nomination and appointment in the context of the Internatio......Over the past few decades, states have granted greater independence and authority to international courts, yet still retain their ability to control who sits on the bench. This article examines how governments use their power of judicial nomination and appointment in the context...... of the International Court of Justice (ICJ) and assesses the relative influence of three factors on states’ vote choices for ICJ candidates: the candidates’ probability of (in)sensitivity to political considerations; their qualifications; and the role of inter-state politics. Drawing on a new dataset of candidates...... signaling a probability of insensitivity to political considerations reduce a candidate’s expected vote share. A candidate’s qualifications, on the other hand, do not appear to make a considerable difference in winning more votes. Finally, the amount of support during the nomination stage is highly...

  13. "Symptoms of something all around us": Mental health, Inuit culture, and criminal justice in Arctic communities in Nunavut, Canada.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2016-09-01

    Rehabilitation-oriented criminal court mental health initiatives to reduce the number of people with mental illness caught in the criminal justice system exist in many North American cities and elsewhere but not in the mainly Inuit Canadian Arctic territory of Nunavut. This study explores whether the therapeutic aims of these resource-intensive, mainly urban initiatives can be achieved in criminal courts in Nunavut's resource constrained, culturally distinct and geographically remote communities. A qualitative multiple-case study in the communities of Iqaluit, Arviat and Qikiqtarjuaq involved 55 semi-structured interviews and three focus groups with participants representing four sectors essential to these initiatives: justice, health, community organizations and community members. These interviews explored whether the therapeutic jurisprudence (TJ) principles that guide criminal court mental health initiatives and the component objectives of these principles could be used to improve the criminal court response to people with mental illness in Nunavut. Interviews revealed 13 themes reflecting perceptions of Inuit culture's influence on the identification of people with mental illness, treatment, and collaboration between the court and others. These themes include cultural differences in defining mental illness, differences in traditional and contemporary treatment models, and the importance of mutual cultural respect. The findings suggest Inuit culture, including its recent history of cultural disruption and change, affects the vulnerability of Nunavut communities to the potential moral and legal pitfalls associated with TJ and criminal court mental health initiatives. These pitfalls include the dominance of biomedical approaches when identifying a target population, the medicalization of behaviour and culture, the risk of "paternalism" in therapeutic interventions, and shortcomings in interdisciplinary collaboration that limit considerations of Inuit culture. The

  14. Transitional Justice: History-Telling, Collective Memory, and the Victim-Witness

    Directory of Open Access Journals (Sweden)

    Chrisje Brants

    2013-06-01

    Full Text Available This article examines the complex, inherently political, and often contradictory processes of truth-finding, history-telling, and formation of collective memory through transitional justice. It explores tensions between history-telling and the normative goals of truth commissions and international criminal courts, taking into account the increasing importance attributed to victims as witnesses of history. The legal space these instruments of transitional justice offer is determined by both their historical and political roots, and specific goals and procedures. Because the legal space that truth commissions offer for history-telling ismore flexible and their report open to public debate, they may open up alternative public spaces and enable civil society to contest the master narrative. The legal truth laid down in the rulings of an international criminal court is by definition closed. The verdict of a court is definite and authoritative; closure, not continued debate about what it has established as the truth, is its one and only purpose. In conclusion, the article calls for a critical appraisal of transitional justice as acclaimed mediator of collective memories in post-conflict societies.

  15. Non-adversarial justice and the coroner's court: a proposed therapeutic, restorative, problem-solving model.

    Science.gov (United States)

    King, Michael S

    2008-12-01

    Increasingly courts are using new approaches that promote a more comprehensive resolution of legal problems, minimise any negative effects that legal processes have on participant wellbeing and/or that use legal processes to promote participant wellbeing. Therapeutic jurisprudence, restorative justice, mediation and problem-solving courts are examples. This article suggests a model for the use of these processes in the coroner's court to minimise negative effects of coroner's court processes on the bereaved and to promote a more comprehensive resolution of matters at issue, including the determination of the cause of death and the public health and safety promotion role of the coroner.

  16. an evaluation of nigeria's participation in ecowas

    African Journals Online (AJOL)

    GRACE

    government in ECOWAS shows that Nigeria is bearing most of the burden of keeping the organization alive; in spite of .... social and political stability in the development process. Widespread political instability has also hindered progress in ...

  17. The African Union and the Conflict in Mali: Extra-regional Influence ...

    African Journals Online (AJOL)

    ... between these extra-African bodies and the regional and sub-regional organisations has recorded more success than a unilateral intervention. The support given to ECOWAS in Liberia led to a successful resolution of that country's war and the AU-UN hybrid operations in Darfur are yielding some kind of modest success.

  18. Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

    Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

  19. The Index of Asia-Pacific Regional Integration Effort

    Directory of Open Access Journals (Sweden)

    Victor Yifan Ye

    2016-06-01

    Full Text Available The Asia-Pacific region is not typically seen as one geographic or socio-economic space. Yet, 58 regional economies occupying the space of 28 million square kilometers from Turkey in the West, Russian Federation in the North, French Polynesia in the East and New Zealand in the South belong to the Economic and Social Commission of Asia and the Pacific (ESCAP. This commission provides a forum for member states that "promotes regional cooperation and collective action, assisting countries in building and sustaining shared economic growth and social equity". In 2013, ESCAP's members adopted the Bangkok Declaration to enhance efforts towards deeper regional economic integration. Yet this document neither proposes a concrete modality or modalities of achieving deeper integration, nor provides a sense of distance of individual countries to a "perceived" integrated Asia-Pacific.This paper aims to comprehensively quantify recent integration efforts of economies in the Asia-Pacific region. We provide an "index of integration effort" based on twelve metrics that measure the relative distance of a given economy to the region as an economic entity. Generally, we find that while the region has trended towards becoming integrated in general, both the level of integration and integration effort are inconsistent among Asia-Pacific economies. We discuss potential applications and extensions of the index in developing our perspective of the region's economic and social dynamics.

  20. Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law

    OpenAIRE

    Cebulak, Pola

    2014-01-01

    Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international ...

  1. Environmental justice and healthy communities

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-01

    The environmental justice movement has come a long way since its birth a decade ago in rural and mostly African American Warren County, North Carolina. The selection of Warren County for a PCB landfill, they brought national attention to waste facility siting inequities and galvanized African American church and civil rights leaders` support for environmental justice. The demonstrations also put {open_quotes}environmental racism{close_quotes} on the map and challenged the myth that African Americans are not concerned about or involved in environmental issues. Grassroots groups, after decades of struggle, have grown to become the core of the multi-issue, multiracial, and multi-regional environmental justice movement. Diverse community-based groups have begun to organize and link their struggles to issues of civil and human rights, land rights and sovereignty, cultural survival , racial and social justice, and sustainable development. The impetus for getting environmental justice on the nations`s agenda has come from an alliance of grassroots activists, civil rights leaders, and a few academicians who questioned the foundation of the current environmental protection paradigm--where communities of color receive unequal protection. Whether urban ghettos and barrios, rural {open_quotes}poverty pockets,{close_quotes} Native American reservations, or communities in the Third World, grassroots groups are demanding an end to unjust and nonsustainable environmental and development policies.

  2. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case......Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...

  3. Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Sybe A. de Vries

    2013-01-01

    Full Text Available The development of fundamental rights within the EU legal order has come to a climax through the entry into force of the Treaty of Lisbon in December 2009. Article 6 of the EU Treaty now recognizes the binding force of the EU Charter of Fundamental Rights, embraces the intention to accede to the European Convention on the Protection of Human Rights and Fundamental Freedoms and codifies the European Court of Justice's (ECJ case law that fundamental rights shall constitute general principles of Union law. The question is how these changes made by the Lisbon Treaty, which mark a new stage in the shaping of the EU's commitment to the protection of fundamental rights, inform the relationship between fundamental rights and the classic Treaty economic freedoms, which have been vital in building Europe's 'economic constitution'. This contribution addresses the conflict that may arise between the Treaty economic freedoms and fundamental rights and assesses how the ECJ should balance these conflicting interests, considering the changed EU legal framework. In this paper the approach of the European Court of Human Rights (ECtHR, having to decide in cases where fundamental rights conflict with each other, will also be briefly touched upon and compared with the Court of Justice's approach.

  4. The effects of ownership, staffing level and organisational justice on nurse commitment, involvement, and satisfaction: a questionnaire study.

    Science.gov (United States)

    Heponiemi, Tarja; Elovainio, Marko; Kouvonen, Anne; Kuusio, Hannamaria; Noro, Anja; Finne-Soveri, Harriet; Sinervo, Timo

    2011-12-01

    Elderly care systems have undergone a lot of changes in many European countries, including Finland. Most notably, the number of private for-profit firms has increased. Previous studies suggest that employee well-being and the quality of care might differ according to the ownership type. The present study examined whether the ownership type and the staffing level were associated with organisational commitment, job involvement, and job satisfaction. In addition, we examined the potential moderating effect of organisational justice on these associations. Cross-sectional questionnaire study. 1047 Finnish female staff members aged 18-69 years working in sheltered housing or nursing homes (units n=179). The relationships were studied with analyses of covariance (ANCOVA), adjusting for the effects of age and case-mix. Organisational commitment and job satisfaction levels were low in for-profit sheltered homes when justice levels were low, but when justice levels were high, for-profit sheltered homes did not differ from other ownership types. Similarly, organisational justice acted as a buffer against low commitment resulting from low staffing levels. Staffing levels were lowest in public sheltered homes and highest in not-for-profit sheltered homes. The results show that organisational justice can act as a buffer against low organisational commitment that results from low staffing levels and working in for-profit sheltered homes. Increasing justice in regard to the management, outcomes, and procedures in the organisation would thus be important. 2011 Elsevier Ltd. All rights reserved.

  5. Tomlinson v. Belize; Tomlinson v. Trinidad and Tobago

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Madsen, Mikael Rask

    2016-01-01

    This article is a commentary on two of the latest decisions of the Caribbean Court of Justice (CCJ), Tomlinson v. Belize, and Tomlinson v. Trinidad and Tobago. In these two cases, the CCJ was called to rule over the legality under the Treaty of Chaguaramas of the Immigration Acts of Belize and Tr......, such as freedom of movement in the CARICOM and indirect and direct effect of Community Law. We argue that these two rulings are important new steps for the CCJ with regard to consolidating its position as an authoritative supranational court....

  6. Managing the tensions in integrating global organisations : The role of performance management systems

    NARCIS (Netherlands)

    Busco, C.; Giovannoni, E.; Scapens, R.W.

    The paper explores the role of performance management systems (PMSs) in integrating global organisations (GOs). It investigates the ways in which the diverse entities that comprise a GO can be co-ordinated and integrated to achieve a global unity of effort, while leaving space for local adaptation,

  7. Constructing the Caribbean Court of Justice: How Ideas Inform Institutional Choices

    Directory of Open Access Journals (Sweden)

    Joris Kocken

    2012-10-01

    Full Text Available Abstract:The Caribbean Court of Justice (CCJ is a relatively new legal institution in the Caribbean. This article explores the question of where this specific way of institutionalizing conflict resolution came from and in which way its success (or lack of it can be accounted for. The authors analyse the support for and opposition to the CCJ found in four issues: economic progress, sovereignty, identity and trust. Their approach to institutionalization shows that only one of the four issues discussed – economic progress – has led to substantial and decisive support for the CCJ in its original jurisdiction as aCARICOM court. Lacking such economic drive, the other function of CCJ, which is becoming the successor of the British Privy Council as the shared regional appellate court, is still by and large withheld regional support. In general, the absence of common sovereignty, identity and trust continues to hamper regional cooperation in the Caribbean.Resumen: Construyendo la Corte de Justicia del Caribe: Cómo las ideas fundamentan las decisiones institucionalesLa Corte Caribeña de Justicia (CCJ es una institución legal relativamente nueva en el Caribe. Este artículo explora la cuestión de dónde viene esta forma específica de institucionalizar la resolución de conflictos y de qué manera su éxito (o falta de ella puede tomarse en cuenta. Los autores analizan el apoyo y la oposición a la CCJ encontrados en cuatro temas: el progreso económico, la soberanía, la identidad y la confianza. Su acercamiento a la institucionalización muestra que sólo uno de los cuatro temas tratados – el progreso económico – ha conducido a un apoyo sustancial y decisivo para la CCJ en su jurisdicción original como tribunal CARICOu. A falta de dinamismo económico, la otra función de la CCJ, la cual se convirtió en el sucesor del Consejo Privado británico como el tribunal de apelación regional compartida, sigue siendo en general el apoyo regional

  8. Towards Regional Monetary Unions through Blockchain Networks

    OpenAIRE

    Hegadekatti, Kartik

    2017-01-01

    The concept of political and economic integration has not progressed beyond the concept of a Nation-state. The primary reason is the trust deficit among citizens in a supra-national entity. We can use Blockchain systems-which are trustless networks-to resolve this issue. We can float a Regional Cryptocurrency (RCC) which can bring about a successful Regional Monetary Unions (RMU) amongst a group of nations in a transparent manner. This paper deals with the idea of realizing a monetary uni...

  9. The Commission as a party before the Court – Reflections on the ...

    African Journals Online (AJOL)

    The African Commission on Human and Peoples' Rights has worked as the ... of the African Commission's mandate to refer communications to the African Court. ... the understanding of the principle of complementarity in the preparatory works.

  10. The Organisational Justice as a Human Resources Management Practice and its Impact on Employee Engagement: The case of the Prefecture of Attica (Greece

    Directory of Open Access Journals (Sweden)

    Lamprakis Athanasios

    2018-03-01

    Full Text Available Organisational justice is a key component in the practice of human resources management in any work environment. The aim of this research survey is to highlight the meaning and importance of organisational justice and its impact on employee engagement. To achieve this aim, except for the literature review, the survey examines the extent to which the distributive, procedural and interactional justice impact on work and organisational engagement, through a research in a certain Greek public organisation. As regards the statistical analysis of the research hypotheses, we used methods of the SPSS 17.00 statistical package. The results showed that the distributive justice significantly impacts on both types of engagement, while no effect was detected between procedural justice and the two types of engagement. The interactional justice was found to determine, partly, only the organisational engagement. The findings overwhelmingly verified the existing bibliographical references, resulting in a noteworthy empirical precedent which could contribute to the field concerning the impact that organisational justice exerts on certain aspects of organisational behaviour.

  11. Principals' Opinions of Organisational Justice in Elementary Schools in Turkey

    Science.gov (United States)

    Aydin, Inayet; Karaman-Kepenekci, Yasemin

    2008-01-01

    Purpose--This study aims to present the opinions of public elementary school principals in Turkey about the current organisational justice practices among teachers from the distributive, procedural, interactional, and rectificatory dimensions. Design/methodology/approach--The opinions of 11 public elementary school principals in Ankara about…

  12. The diversity of the Brazilian regional Audit Courts on government auditing

    Directory of Open Access Journals (Sweden)

    André Feliciano Lino

    2017-11-01

    Full Text Available ABSTRACT Currently, the 33 regional audit courts are responsible to monitor the public financial management cycle for states and municipalities and to judge the compliance of governors’ acts to the laws regarding procurement and civil servants’ employment from more than 20,000 governmental entities under their jurisdiction. This article aims to analyze the diversity of internal configuration of these regional audit courts and to discuss the potential associations with the financial auditing quality their teams usually run. We conducted interviews with external auditors and IT directors from 18 courts, followed by triangulation to official documents from the audit courts, such as audit manuals and activities reports. The audit quality drivers were identified within the governmental auditing literature, supporting the evidences collected by the interviews content analysis. Despite all regional auditing bodies in Brazil were based on the Napoleonic model, the analysis indicates the identified configurations vary according to the team’s organization and size, auditor rotation and use of data reporting systems. The discussion shows that dissimilarities on the courts’ configurations, as they are responsible to audit a specific country area, will contribute to a different coercion level on fiscal and accounting issues to state and municipalities, due a combination of characteristics which could mitigate or improve the audit quality. This paper additionally suggests some precautions, based on the organization alignment literature, for the use of proxies to control audit quality effects in the public finance studies in Brazil.

  13. Renewal Strategy and Community Based Organisations in Community

    African Journals Online (AJOL)

    FBL

    organisations in the study areas and Community-Based Poverty Reduction. Programme ... regions or areas. In Nigeria, for ... industries in the growing and developing urban areas. ..... Security network is also provided by the community. To ..... Development Efforts in Nigeria: Case Study of Anambra and Oyo State, NISER.

  14. Prosecutors and Use of Restorative Justice in Courts: Greek Case.

    Science.gov (United States)

    Wasileski, Gabriela

    2015-06-18

    The purpose of this research study was to examine the experiences of prosecutors in Athens, Greece, as they implement a restorative justice (RJ; mediation) model in cases of intimate partner violence (IPV). Greece recently enacted a new legislation related to domestic violence, part of the requirement is mediation. This study used semi-structured interviews with 15 public prosecutors at the courts of first instance and three interviews with facilitators of mediation process. The findings indicate widespread role confusion. Prosecutors' experiences, professional positions, and views of RJ in adult cases of gendered violence were shaped by their legal training. That is, their perceptions reflected their work in an adversarial system. Their views were complex yet ultimately unreceptive and their practices failed the victims of IPV. The study report concluded with recommendations for the legislators and for better preparation of court actors. © The Author(s) 2015.

  15. The Permanent Court of International Justice and the International Rights of Groups and Individuals

    NARCIS (Netherlands)

    Brölmann, C.

    2012-01-01

    The Permanent Court of International Justice was established in a period in which the position of the State as the natural form of political organization had come under pressure, among others, in academic-legal circles. It was also the period in which international-legal concern for groups within

  16. Combined horizontal and vertical integration of care: a goal of practice-based commissioning.

    Science.gov (United States)

    Thomas, Paul; Meads, Geoffrey; Moustafa, Ahmet; Nazareth, Irwin; Stange, Kurt C; Donnelly Hess, Gertrude

    2008-01-01

    Practice-based commissioning (PBC) in the UK is intended to improve both the vertical and horizontal integration of health care, in order to avoid escalating costs and enhance population health. Vertical integration involves patient pathways to treat named medical conditions that transcend organisational boundaries and connect community-based generalists with largely hospital-sited specialists, whereas horizontal integration involves peer-based and cross-sectoral collaboration to improve overall health. Effective mechanisms are now needed to permit ongoing dialogue between the vertical and horizontal dimensions to ensure that medical and nonmedical care are both used to their best advantage. This paper proposes three different models for combining vertical and horizontal integration - each is a hybrid of internationally recognised ideal types of primary care organisation. Leaders of PBC should consider a range of models and apply them in ways that are relevant to the local context. General practitioners, policy makers and others whose job it is to facilitate horizontal and vertical integration must learn to lead such combined approaches to integration if the UK is to avoid the mistakes of the USA in over-medicalising health issues.

  17. Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights

    Directory of Open Access Journals (Sweden)

    Edgar Lammertse

    2017-01-01

    Full Text Available This article is intended to share a few thoughts, notions and questions about regulatory and governmental structures, both national and international, with regard to the development of global justice. It will highlight the issue whether or not local wisdom can contribute to global justice. In addition, this writing will discover legal problems that arise from the idea of global society and global justice by analyzing jurisdictional aspects and by explaining a little bit about dematerialization of crime, as it has been affected by the changing of communities’ behavior in global contexts after the era of computer and information and communication technology (ICT. Progressive development in Europe, especially regarding the European Union Law, will also be explored in order to describe the respect for fundamental rights in this region.

  18. Evidence-based treatment and supervision practices for co-occurring mental and substance use disorders in the criminal justice system.

    Science.gov (United States)

    Peters, Roger H; Young, M Scott; Rojas, Elizabeth C; Gorey, Claire M

    2017-07-01

    Over seven million persons in the United States are supervised by the criminal justice system, including many who have co-occurring mental and substance use disorders (CODs). This population is at high risk for recidivism and presents numerous challenges to those working in the justice system. To provide a contemporary review of the existing research and examine key issues and evidence-based treatment and supervision practices related to CODs in the justice system. We reviewed COD research involving offenders that has been conducted over the past 20 years and provide an analysis of key findings. Several empirically supported frameworks are available to guide services for offenders who have CODs, including Integrated Dual Disorders Treatment (IDDT), the Risk-Need-Responsivity (RNR) model, and Cognitive-Behavioral Therapy (CBT). Evidence-based services include integrated assessment that addresses both sets of disorders and the risk for criminal recidivism. Although several evidence-based COD interventions have been implemented at different points in the justice system, there remains a significant gap in services for offenders who have CODs. Existing program models include Crisis Intervention Teams (CIT), day reporting centers, specialized community supervision teams, pre- and post-booking diversion programs, and treatment-based courts (e.g., drug courts, mental health courts, COD dockets). Jail-based COD treatment programs provide stabilization of acute symptoms, medication consultation, and triage to community services, while longer-term prison COD programs feature Modified Therapeutic Communities (MTCs). Despite the availability of multiple evidence-based interventions that have been implemented across diverse justice system settings, these services are not sufficiently used to address the scope of treatment and supervision needs among offenders with CODs.

  19. Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

    OpenAIRE

    Derlén, Mattias; Lindholm, Johan

    2015-01-01

    The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

  20. Competition soft law in national courts - Quo vadis

    NARCIS (Netherlands)

    Georgieva, Zlatina

    2016-01-01

    This paper is based on an empirical data-set of 103 national competition cases of EU Member States, which contain judicial reasoning on supranational, Commission-issued competition soft law. The paper enquires into the possible reasons for detected national judicial attitudes to supranational soft

  1. European Union. Court of Justice of the European Union: EU Law and Fundamental Rights Preclude Requested Filtering Injunction against Hosting Provider

    NARCIS (Netherlands)

    Breemen, K.

    2012-01-01

    On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels.

  2. The Neglected Economic Dimensions of ECOWAS’s Negotiated Peace Accords in West Africa Vernachlässigte ökonomische Dimensionen von ECOWAS-Friedensvereinbarungen in Westafrika

    Directory of Open Access Journals (Sweden)

    Kwesi Aning

    2011-01-01

    Full Text Available Since its first intervention in Liberia in December 1989, the Economic Community of West African States (ECOWAS has, in conjunction with the African Union (AU and the United Nations (UN, managed to resolve intrastate violence in Liberia, Sierra Leone and Côte d’Ivoire through its political and military interventions. One aspect of the work undertaken by the ECOWAS that has received little scholarly attention are the economic dimensions of the peace accords it has negotiated. To date, no scholarly work that we know of has focused on this aspect of ECOWAS peace initiatives. The same is true of other peace initiatives, such as those in Côte d’Ivoire, led by other actors. This paper seeks to bridge these scholarly lacunae by evaluating the economic dimensions of peace agreements in these three countries, and by examining how these agreements address the distribution and management of economic resources. We argue that because these conflicts were partially underpinned by the mismanagement of economic resources, the search for peace should necessarily include addressing economic issues at the negotiating table.Seit ihrer ersten Intervention in Liberia im Dezember 1989 ist es der Wirtschaftsgemeinschaft Westafrikanischer Staaten (Economic Community of West African States, ECOWAS – gemeinsam mit der Afrikanischen Union (AU und den Vereinten Nationen (VN – gelungen, durch politische und militärische Interventionen gewaltsame innerstaatliche Konflikte in Liberia, Sierra Leone und Côte d’Ivoire zu lösen. Den ökonomischen Dimensionen der von ECOWAS ausgehandelten Friedensvereinbarungen wurde bislang von wissenschaftlicher Seite wenig Aufmerksamkeit entgegengebracht; es gibt keine Forschungsarbeit, die diesen Aspekt der ECOWAS-Friedensinitiativen in den Fokus rückt. Das gilt auch für Friedensinitiativen anderer Akteure, zum Beispiel in Côte d’Ivoire. Mit dem vorliegenden Beitrag wird versucht, diese Forschungslücke zu überbrücken. Wir

  3. The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

    Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

  4. Analysis the relationship between psychological contract and organisational justice perception of paramedical personnel

    Directory of Open Access Journals (Sweden)

    Necmettin Cihangiroglu

    2015-08-01

    Full Text Available This study was conducted to find out if the psychological contract and organizational justice perceptions of paramedical personnel were affected by their socio-demographic factors and to determine whether there is a significant relation between their psychological contract and organizational justice perceptions. The study has been sectionally contucted in July-August 2010, to a 1200 bed education and research hospital in Ankara. We aimed at reaching all of the paramedical personnel without any sampling. Of 600 questionnaires distributed, we collected 458 (76,3%. The questionnaire used for collecting data consists of three parts. The first part concentrates on the individual characteristics of health workers while the second part contains the 17 item Psychological Contract Scale developed by Millward and Hopkins (1998 that is based on the quantitative approach of psychological contract. ln the third part, we used the and ldquo;Organisational Justice Measurement'' with 17 statements developed by Colquitt (2001. One of the statements refers to the study of Iscan and Naktiyok (2004. The results of the study showed that the psychological contract and organizational justice perceptions of paramedical personnel were very low. Also, their psychological contract and organizational justice perceptions were significantly affected by gender (p0,05. In addition, it was seen that there was a significant but weak relationshlp between health workers' psychological contract and organizational justice perceptions. The results of this study can provide signiflcant information to the health care management to understand psychological contract and organisational justice perception of their paramedical personnel. [TAF Prev Med Bull 2015; 14(4.000: 293-299

  5. Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

    Science.gov (United States)

    Cozac, David

    2009-12-01

    Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

  6. Experiences that Count: A Comparative Study of the ICTY and SCSL in Shaping the Image of Justice

    Directory of Open Access Journals (Sweden)

    Kristin Xueqin Wu

    2013-01-01

    Full Text Available The legitimacy of international criminal trials is not automatic: it is conditional upon endorsement by local communities. If the very communities involved do not 'feel' a sense of justice, these trials would not only contribute little to the post-conflict peace process, but also create a backlash against these international courts and tribunals, tarnishing the image of international criminal justice. Despite its critical importance, this image management process is still at the stage of trial and error. The first outreach programme, established by the International Criminal Tribunal for the former Yugoslavia (ICTY, has been fighting a losing battle against the Tribunal's poor image in the former Yugoslavia region. In contrast, the Special Court for Sierra Leone (SCSL has been highly praised for promoting a holistic experience of 'just'. What causes these differences, and what could be learnt from them? After comparing the various undertakings by these two ad-hoc tribunals - in terms of outreach strategies, press strategies and resource management - this paper draws three lessons for the permanent International Criminal Court (ICC: gaining acceptance, smoothing communication and boosting judicial efficiency.

  7. Bifurcation of Mobility, Bifurcation of Law : Externalization of migration policy before the EU Court of Justice

    NARCIS (Netherlands)

    Spijkerboer, T.P.

    2017-01-01

    The externalization of European migration policy has resulted in a bifurcation of global human mobility, which is divided along a North/South axis. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. These cases concern core

  8. Fighting addiction's death row: British Columbia Supreme Court Justice Ian Pitfield shows a measure of legal courage

    Directory of Open Access Journals (Sweden)

    Small Dan

    2008-10-01

    Full Text Available Abstract The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite". The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary

  9. The long term importance of English primary care groups for integration in primary health care and deinstitutionalisation of hospital care.

    Science.gov (United States)

    Goodwin, N

    2001-01-01

    This article reviews the impact of successive experiments in the development of primary care organisations in England and assesses the long-term importance of English primary care groups for the integration of health and community and health and social care and the deinstitutionalisation of hospital care. Governments in a number of Western countries are attempting to improve the efficiency, appropriateness and equity of their health systems. One of the main ways of doing this is to devolve provision and commissioning responsibility from national and regional organisations to more local agencies based in primary care. Such primary care organisations are allocated budgets that span both primary and secondary (hospital) services and also, potentially, social care. This article is based on a systematic review of the literature forthcoming from the UK Government's Department of Health-funded evaluations of successive primary care organisational developments. These include total purchasing pilots, GP commissioning group pilots, personal medical services pilots and primary care groups and trusts. Primary care organisations in England have proved to be a catalyst in facilitating the development of integrated care working between primary and community health services. Conversely, primary care organisations have proved less effective in promoting integration between health and social care agencies where most progress has been made at the strategic commissioning level. The development of primary care trusts in England is heralding an end to traditional community hospitals. The development of primary care groups in England are but an intermediate step of a policy progression towards future primary care-based organisations that will functionally integrate primary and community health services with local authority services under a single management umbrella.

  10. The long term importance of English primary care groups for integration in primary health care and deinstitutionalisation of hospital care

    Directory of Open Access Journals (Sweden)

    Nick Goodwin

    2001-03-01

    Full Text Available Purpose: This article reviews the impact of successive experiments in the development of primary care organisations in England and assesses the long-term importance of English primary care groups for the integration of health and community and health and social care and the deinstitutionalisation of hospital care. Theory: Governments in a number of Western countries are attempting to improve the efficiency, appropriateness and equity of their health systems. One of the main ways of doing this is to devolve provision and commissioning responsibility from national and regional organisations to more local agencies based in primary care. Such primary care organisations are allocated budgets that span both primary and secondary (hospital services and also, potentially, social care. Method: This article is based on a systematic review of the literature forthcoming from the UK Government's Department of Health-funded evaluations of successive primary care organisational developments. These include total purchasing pilots, GP commissioning group pilots, personal medical services pilots and primary care groups and trusts. Results: Primary care organisations in England have proved to be a catalyst in facilitating the development of integrated care working between primary and community health services. Conversely, primary care organisations have proved less effective in promoting integration between health and social care agencies where most progress has been made at the strategic commissioning level. The development of primary care trusts in England is heralding an end to traditional community hospitals. Conclusions: The development of primary care groups in England are but an intermediate step of a policy progression towards future primary care-based organisations that will functionally integrate primary and community health services with local authority services under a single management umbrella.

  11. URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

    Directory of Open Access Journals (Sweden)

    Aditya Wisnu Mulyadi

    2015-07-01

    Full Text Available The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

  12. PROMOTER COMMISSION LEGISLATIVE AND EXTERNAL REPRESENTATIVE OF THE UNION

    Directory of Open Access Journals (Sweden)

    Nely Militaru

    2014-11-01

    Full Text Available Commission was established by the Treaty establishing the Economic Community of Coal and Osel – signed in Paris in 1951, entered into force next year –as the High Authority supranational institution with discretionary decisionmaking powers in optics of this treaty. Also known as “guardian of the treaties” Commission by its member, who exercise their functions in complete independence, is an institution that promotes the general interest of the Union (art. 17 par.TEU. Commission oversees therefore application of Union law. In this capacity, especially in terms of the competence of the legislative proposal, the Commission by calling upon specialists and experts from EU Member States harmonize with the national interest.

  13. Commission for Energy regulation (CRE) - Activity report June 2007

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-01

    CRE is the French commission for energy regulation. CRE's remit is to assist in ensuring the proper operation of the electricity and natural gas markets for the benefit of the end-user. In particular, CRE ensures that the conditions of access to electricity and natural gas transmission and distribution systems do not hinder the development of competition. It monitors, for the electricity and natural gas sectors, all transactions made between suppliers, traders and producers, all transactions made on the organised markets and cross-border trading. It ensures that suppliers, traders and producers propose offers that are consistent with their financial and technical constraints. It monitors the implementation of and compliance with regulations giving consumers the right to choose their supplier in a competitive market, and allowing new suppliers to enter the market. This document is the 2007 activity report of CRE. Content: A - Towards a single European energy market: Birth of a single European energy market (Origins of Europe of Energy, Emergence of a European energy policy); Main European Community guiding lines (European governance as regards energy, Guiding principles for the internal energy market); European Community activities (European Commission reports, Electricity and gas Regional Initiatives); Organisation and coordination of European regulators (Joint organisation of European regulators, CRE's relations with European Community institutions); CRE's European activities (Regional integration of gas markets, Regional integration of electricity markets, Operation of the European interconnected electricity grid and security of supply, CRE's other European activities); B - CRE action at national level: Grids/networks and infrastructures (General information, Electricity grids, Regulation of gas networks and infrastructures); Markets (Changes in the regulatory and legislative contexts of electricity and natural gas markets, Electricity markets

  14. Commission for Energy regulation (CRE) - Activity report June 2007

    International Nuclear Information System (INIS)

    2007-01-01

    CRE is the French commission for energy regulation. CRE's remit is to assist in ensuring the proper operation of the electricity and natural gas markets for the benefit of the end-user. In particular, CRE ensures that the conditions of access to electricity and natural gas transmission and distribution systems do not hinder the development of competition. It monitors, for the electricity and natural gas sectors, all transactions made between suppliers, traders and producers, all transactions made on the organised markets and cross-border trading. It ensures that suppliers, traders and producers propose offers that are consistent with their financial and technical constraints. It monitors the implementation of and compliance with regulations giving consumers the right to choose their supplier in a competitive market, and allowing new suppliers to enter the market. This document is the 2007 activity report of CRE. Content: A - Towards a single European energy market: Birth of a single European energy market (Origins of Europe of Energy, Emergence of a European energy policy); Main European Community guiding lines (European governance as regards energy, Guiding principles for the internal energy market); European Community activities (European Commission reports, Electricity and gas Regional Initiatives); Organisation and coordination of European regulators (Joint organisation of European regulators, CRE's relations with European Community institutions); CRE's European activities (Regional integration of gas markets, Regional integration of electricity markets, Operation of the European interconnected electricity grid and security of supply, CRE's other European activities); B - CRE action at national level: Grids/networks and infrastructures (General information, Electricity grids, Regulation of gas networks and infrastructures); Markets (Changes in the regulatory and legislative contexts of electricity and natural gas markets, Electricity markets, Natural gas

  15. EU citizenship and the European Court of Justice's 'stone-by-stone' approach

    OpenAIRE

    Lenaerts, Koenraad

    2015-01-01

    Examining the seminal judgment of the European Court of Justice (the ‘ECJ’) in the Ruiz Zambrano case (C‑34/09,EU:C:2011:124) and its progeny, this paper is to illustrate the fact that in hard cases of constitutional importance the ECJ follows an incremental approach. This means ,in essence, that the ECJ does not take ‘longjumps’ when expounding the rationale underpinning the solution given to novel questions of constitutional importance. On the contrary, the persuasiveness of its argumentati...

  16. Promoting research to improve maternal, neonatal, infant and adolescent health in West Africa: the role of the West African Health Organisation.

    Science.gov (United States)

    Sombie, Issiaka; Bouwayé, Aissa; Mongbo, Yves; Keita, Namoudou; Lokossou, Virgil; Johnson, Ermel; Assogba, Laurent; Crespin, Xavier

    2017-07-12

    West Africa has adopted numerous strategies to counter maternal and infant mortality, provides national maternal and infant health programmes, and hosts many active technical and financial partners and non-governmental organisations. Despite this, maternal and infant morbidity and mortality indicators are still very high. In this commentary, internal actors and officials of the West African Health Organisation (WAHO) examine the regional organisation's role in promoting research as a tool for strengthening maternal and infant health in West Africa.As a specialised institution of the Economic Community of West African States (ECOWAS) responsible for health issues, WAHO's mission is to provide the sub-region's population with the highest possible health standards by harmonising Member States' policies, resource pooling, and cooperation among Member States and third countries to collectively and strategically combat the region's health problems. To achieve this, WAHO's main intervention strategy is that of facilitation, as this encourages the generation and use of evidence to inform decision-making and reinforce practice.WAHO's analysis of interventions since 2000 showed that it had effected some changes in research governance, management and funding, as well as in individual and institutional capacity building, research dissemination, collaboration and exchanges between the various stakeholders. It also revealed several challenges such as process ownership, member countries' commitment, weak individual and institutional capacity, mobilisation, and stakeholder commitment. To better strengthen evidence-based decision-making, in 2016, WAHO created a unique programme aimed at improving the production, dissemination and use of research information and results in health programme planning to ultimately improve population health.While WAHO's experiences to date demonstrate how a regional health institution can integrate research promotion into the fight against maternal and

  17. Supreme Court Update

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    "Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

  18. The Department of People’s Commissariat of Justice of the RSFSR in the Stalingrad Region: Features of Functioning before and during the Battle of Stalingrad

    Directory of Open Access Journals (Sweden)

    Svetlana Yu. Pishchulina

    2018-02-01

    Full Text Available The paper shows the main areas of work of the Department of justice in the Stalingrad region of the People’s Commissariat of Justice of the RSFSR in 1941–1942. These included the restructuring of the activities of the Department to the emergency regime, manpower policy, synthesis and analysis of judicial practice according to the Decrees of the Presidium of the Supreme Soviet of the USSR to strengthen labour discipline at enterprises, collective farms and state farms, to fight against speculation, embezzlement of socialist property, the failure of defense measures – blackout, passport regime, non-payment of fines and duties, taxation of public supplies. The research relevance is associated with the lack of works devoted to the People’s Courts in the period of the Great Patriotic War in the modern historiography. The Stalingrad region is illustrative in this aspect, since during the war it represented rear, frontline and front areas. It is noted that in the conditions of the rear region, the Department of People’s Commissariat for Justice and the people’s courts of the Stalingrad region performed their activities on a relatively stable basis. The directives and explanatory guidelines of the Department of People’s Commissariat for Justice of the USSR and the RSFSR were timely and helped to reorganize the work of the Department. In 1942 in the situation at the frontline and front areas the activities of the Department of People’s Commissariat for Justice and people’s courts was hampered. The evacuation led to a reduction in the number of judicial districts, separation of judicial practice from existing laws because of the lack of timely codification and the special literature. The Battle of Stalingrad caused the significant damage to the Department, both material and personnel. In 1943 the Department of People’s Commissariat for Justice was forced to start its activities with organizational issues.

  19. A Comparative Analysis of the Impact of Agricultural Exports on Economic Growth of ECOWAS Countries

    Directory of Open Access Journals (Sweden)

    Richardson Kojo Edeme

    2016-10-01

    Full Text Available Towards the acceleration of the attainment of sustainable growth, most countries have focused on agricultural exports as a means of driving their economy. Developing countries of Africa are highly dependent on the agricultural sector and agricultural exports are a major determinant of economic growth of these countries. However, the impact of agricultural exports on economic growth of ECOWAS countries remains unclear. This study therefore evaluates the impact of agricultural exports on the economic growth of fifteen ECOWAS countries using panel data for the period 1980–2013. Variables employed are labour force participation rate, capital stock, agricultural exports, non-agricultural exports, inflation and economic growth. The results of the fixed-effect model show that agricultural exports have not impacted significantly on the economic growth of ECOWAS countries such as Côte d’Ivoire and Nigeria with respect to the Republic of Benin, which is the selected baseline. The study also analysed the country combined effect of the agricultural exports and found that it was significant but the rate of impact was weak. The study recommends, among others, that even though agricultural exports had a significant impact on economic growth, there is still a need for ECOWAS governments to improve their agricultural sector as its significance is more noticeable in some countries such as Côte d’Ivoire and Nigeria.

  20. The employee retention triad in health care: Exploring relationships amongst organisational justice, affective commitment and turnover intention.

    Science.gov (United States)

    Perreira, Tyrone A; Berta, Whitney; Herbert, Monique

    2018-04-01

    To increase understanding of the relationships between organisational justice, affective commitment and turnover intention in health care. Turnover in health care is a serious concern, as it contributes to the global nursing shortage and is associated with declines in quality of care, patient safety and patient outcomes. Turnover also impacts care teams and is associated with decreased staff cohesion and morale. A survey was developed and administered to frontline nurses working in the Province of Ontario, Canada. The data were used to test a hypothetical model developed from a review of the literature. The relationships amongst the three constructs were evaluated using structural equation modelling and mediation analysis. The hypothesised model was generally supported, although we were limited to considerations of interpersonal justice, affective commitment to one's organisation and turnover intention. Interpersonal justice is associated with affective commitment to one's organisation, which is negatively associated with turnover intention. Interpersonal justice was also found to be directly and negatively associated with turnover intention. Affective commitment to one's organisation was also found to mediate the relationship between interpersonal justice and turnover intention. The examination of relationships within the "employee retention triad" in a single, comprehensive model is novel and provides new information regarding relational complexity and insights into what healthcare leaders can do to retain employees. Reducing turnover may help to decrease some of the stressors related to turnover for clinical staff remaining at the organisation such as constant onboarding and orientation of new hires, working with less experienced staff and increased workload due to decreased staffing. © 2018 John Wiley & Sons Ltd.

  1. An approach to the socio-labour situation of disabled women in rural communities in a Spanish region.

    Science.gov (United States)

    Mondéjar-Jiménez, José; Vargas-Vargas, Manuel; Mondéjar-Jiménez, Juan-Antonio; Bayot-Mestre, Agustín

    2009-01-01

    Disabled women suffer socio-labour discrimination because of both their gender and their disability. The situation is gradually improving, thanks to the national and supranational organisations, which in the past few decades have made considerable progress in improving the legislation, providing financial resources and encouraging social awareness. Despite this, few studies quantify this double discrimination in order to permit the evaluation of the socio-labour situation of this group of people. This scarcity is even more pronounced for rural areas, where many other factors hinder the integration of disabled women into the labour market and generate some specific problems that the specialist literature seldom addresses. The current work presents the results of a survey on the socio-economic situation of disabled women in a strongly rural area: the Spanish region of Castilla-La Mancha. It stresses the fundamental difficulties of these women in integrating into the labour market and the most urgent political measures needed to help this group.

  2. Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

    Directory of Open Access Journals (Sweden)

    Gerald P. Heckman

    2009-10-01

    Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

  3. Judicial Reform and Commercial Justice : The Experience of Tanzania's Commercial Court

    OpenAIRE

    Finnegan, David Louis

    2004-01-01

    Policymakers in developing and transition economies recognize the important role played by judiciaries in creating an institutional environment conducive to robust private sector activity. In the case of Tanzania, the government, with the support of local business groups, international investors, and the donor community, created a specialized court dedicated to considering and resolving commercial and financial cases. The Commercial Division of the High Court of Tanzania (the "Commercial Cour...

  4. Commissioning and equity in primary care in Australia: Views from Primary Health Networks.

    Science.gov (United States)

    Henderson, Julie; Javanparast, Sara; MacKean, Tamara; Freeman, Toby; Baum, Fran; Ziersch, Anna

    2018-01-01

    This paper reports findings from 55 stakeholder interviews undertaken in six Primary Health Networks (PHNs) in Australia as part of a study of the impact of population health planning in regional primary health organisations on service access and equity. Primary healthcare planning is currently undertaken by PHNs which were established in 2015 as commissioning organisations. This was a departure from the role of Medicare Locals, the previous regional primary health organisations which frequently provided services. This paper addresses perceptions of 23 senior staff, 11 board members and 21 members of clinical and community advisory councils or health priority groups from six case study PHNs on the impact of commissioning on equity. Participants view the collection of population health data as facilitating service access through redistributing services on the basis of need and through bringing objectivity to decision-making about services. Conversely, participants question the impact of the political and geographical context and population profile on capacity to improve service access and equity through service commissioning. Service delivery was seen as fragmented, the model is at odds with the manner in which Aboriginal Community Controlled Health Organisations (ACCHOs) operate and rural regions lack services to commission. As a consequence, reliance upon commissioning of services may not be appropriate for the Australian primary healthcare context. © 2017 John Wiley & Sons Ltd.

  5. A changing landscape: mapping provider organisations for community nursing services in England.

    Science.gov (United States)

    Spilsbury, Karen; Pender, Sue

    2015-01-01

    To scope the provision of community nursing services in England after implementation of the Transforming Community Services Programme. Over the past decade, significant UK policy initiatives have shaped the structure, organisation and responsibilities of community nursing services. Understanding these organisational changes is important in the context of organisations seeking to deliver 'care closer to home'. A systematic mapping exercise to scope and categorise community nursing service organisation provider models. There are 102 provider organisations representing a range of organisational models. Two-thirds of these organisations have structurally integrated with another NHS Trust. Smaller numbers reorganised to form community trusts or community interest companies. Only a few services have been tendered to an accredited willing provider while a small number have yet to establish their new service model. Local discretion appears to have dominated the choice of organisational form. National policies have driven the reorganisation of community nursing services and we have been able to describe, for the first time, these 'transformed' structures and organisations. Providing detail of these 'new' models of service provision, and where these have been introduced, is new information for nurse managers, policy makers and organisational leaders, as well as researchers. © 2013 John Wiley & Sons Ltd.

  6. Courts of customary law in the post-soviet states: history and the current situation

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

    Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

  7. Importance of court practice review in Russian arbitration (commercial) court proceedings

    OpenAIRE

    Solovyev, A.

    2013-01-01

    The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

  8. SPECIALIZED COURTS OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2013-11-01

    Full Text Available Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European Union ( EU. Court of Justice of the EU has been reformed, said Treaty changing the EU courts so very name : Court of Justice of the EU, the Court referred to above, the Court of First Instance, and specialized courts, known previously, judicial panels. The paper shows the first part of his creation, composition and competence of the specialized courts, and as a manifestation of them in the second part examines the Civil Service Tribunal, the same point of view. EU specialized courts may be set up in specific areas, specializing in some technical disputes. These specialized courts have jurisdiction to hear and decide the cases in the first instance with the possibility that their decision subject to appeal to the General Court . In this context, to resolve disputes between the Union and its officials was established Tribunal.

  9. Commission de regulation de l'energie. Activity report june 2007

    International Nuclear Information System (INIS)

    2007-06-01

    CRE is the French commission for energy regulation. CRE's remit is to assist in ensuring the proper operation of the electricity and natural gas markets for the benefit of the end-user. In particular, CRE ensures that the conditions of access to electricity and natural gas transmission and distribution systems do not hinder the development of competition. It monitors, for the electricity and natural gas sectors, all transactions made between suppliers, traders and producers, all transactions made on the organised markets and cross-border trading. It ensures that suppliers, traders and producers propose offers that are consistent with their financial and technical constraints. It monitors the implementation of and compliance with regulations giving consumers the right to choose their supplier in a competitive market, and allowing new suppliers to enter the market. This document is the 2007 activity report of CRE. Content: A - Towards a single European energy market: Birth of a single European energy market (Origins of Europe of Energy, Emergence of a European energy policy); Main European Community guiding lines (European governance as regards energy, Guiding principles for the internal energy market); European Community activities (European Commission reports, Electricity and gas Regional Initiatives); Organisation and coordination of European regulators (Joint organisation of European regulators, CRE's relations with European Community institutions); CRE's European activities (Regional integration of gas markets, Regional integration of electricity markets, Operation of the European interconnected electricity grid and security of supply, CRE's other European activities); B - CRE action at national level: Grids/networks and infrastructures (General information, Electricity grids, Regulation of gas networks and infrastructures); Markets (Changes in the regulatory and legislative contexts of electricity and natural gas markets, Electricity markets

  10. From distributive to procedural justice. Justice as a constitutive value of public administration

    Directory of Open Access Journals (Sweden)

    Antonio SANDU

    2016-07-01

    Full Text Available The justice as an ethical value can be considered constitutive for contemporary administrative systems. These ones are asked to transpose into practice the ideal of justice in the community. The functioning of a modern state cannot be conceived without a series of institutions that would guarantee the achievement of justice. The legal system was established specifically to administer justice. Modern democratic systems felt the need for certain courts and extrajudicial procedures to create justice. The institutions required to implement the extrajudicial distribution of justice are part of the public administration, representing a central element of it. The model of a political system based on justice is a minimalist one; the role of the state is limited to making it possible for individuals to follow their own ideal of welfare. Opposed to justice, the ideal of welfare requests the state, and implicitly the administration, to ensure the individual the minimum conditions to live in that community. The minimal state centered on justice is the result of a modern paradigm with post-Kantian reverberations, which emphasize the rationality of human action. If the individual is rational, he only needs fair conditions in order to pursue his own welfare. The role of the administration is to ensure those conditions and to oversee the distribution of goods and services, as well as the distribution and redistribution of added value.

  11. Regionalizing Telecommunications Reform in West Africa

    OpenAIRE

    World Bank

    2007-01-01

    This report assesses the potential gains from regionalized telecommunications policy in West Africa. The report seeks to assist officials in the Economic Community of West African States (ECOWAS), the West African Telecommunications Regulators Assembly (WATRA) and member states in designing an effective regional regulatory process. To this end, the report: (i) discusses how regional coop...

  12. UNASUR: Regional Pluralism as a Strategic Outcome

    Directory of Open Access Journals (Sweden)

    Detlef Nolte

    Full Text Available Abstract South America features a very particular regional architecture, one which is characterised by the proliferation and overlapping of regional organisations, with UNASUR at the centre. UNASUR is an intergovernmental organisation with no supranational institutions. The article will argue that institutional flexibility, which is both a core element of South American regionalism and a specific institutional feature of UNASUR, corresponds with the key interests of the founding members of this organisation. Based on this assumption, the article will analyse the strategies and policies of the various Argentinean governments during the period when UNASUR was created (1999–2008. It will differentiate between a ‘uniaxial’ regional integration approach structured around one thematic axis and a ‘multiaxial’ approach evolving along multiple axes in parallel; it will also ask to what extent the new regional architecture corresponds to the core interests of that country. For the Argentinean government, it was important to ensure that UNASUR would not constrain its foreign policy options. The result was the variable geometry codified in the UNASUR Constitutive Treaty.

  13. European Community.

    Science.gov (United States)

    1987-05-01

    The European Community was established in 1951 to reconcile France and Germany after World War II and to make possible the eventual federation of Europe. By 1986, there were 12 member countries: France, Italy, Belgium, the Federal Republic of Germany, Luxembourg, the Netherlands, Denmark, Ireland, the United Kingdom, Greece, Spain, and Portugal. Principal areas of concern are internal and external trade, agriculture, monetary coordination, fisheries, common industrial and commercial policies, assistance, science and research, and common social and regional policies. The European Community has a budget of US$34.035 billion/year, funded by customs duties and 1.4% of each member's value-added tax. The treaties establishing the European Community call for members to form a common market, a common customs tariff, and common agricultural, transport, economic, and nuclear policies. Major European Community institutions include the Commission, Council of Ministers, European Parliament, Court of Justice, and Economic and Social Committee. The Community is the world's largest trading unit, accounting for 15% of world trade. The 2 main goals of the Community's industrial policy are to create an open internal market and to promote technological innovation in order to improve international competitiveness. The European Community aims to contribute to the economic and social development of Third World countries as well.

  14. Justice perceptions of performance management practices in a company in the chemical industry

    Directory of Open Access Journals (Sweden)

    Thanasagree Govender

    2015-11-01

    Full Text Available The sustainability of corporations globally is becoming increasingly problematic. Combined with the unique challenges of an operating entity, this could potentially expose the profitability of sustainable businesses on a daily basis. The purpose of this study is to evaluate employees’ justice perceptions of performance management practices in a company in the chemical industry. The population includes all the employees in the chemical industry that was used in this study. A total of 140 questionnaires were issued to all the employees in an organisation which had undergone a performance appraisal and 102 respondents completed the surveys, giving a response rate of 72 per cent. A cross-sectional survey design was used in this study. The justice perceptions were measured according to an existing framework developed by Thurston and McNall (2010. The framework is founded on a hypothesised four-factor model constructed according to theories on organisational justice. The employees of the organisation in the chemical sector were involved in this study. Descriptive statistical analyses were used to measure perceptions of justice based on theories on organisational justice. The measuring instrument used was based on recognised models and theories. The study supports the construct validity of the measuring instrument and the reliability of the scales used. The justice constructs were used to identify specific items in the performance management practice that required improvement. The implications of the results are that continual interventions are required if employee commitment and productivity levels are to improve, resulting in a positive impact on business performance. Significant differences in perceptions by demographic groups were reported and discussed. This study explored the importance of understanding justice perceptions of performance management practices as an enabler for sustained business performance. Further, the study confirmed that

  15. [The current and future organisational structure of the OIE (World Organisation for Animal Health)].

    Science.gov (United States)

    Crespo León, F; Ruiz Mercader, J; Sabater Sánchez, R; Rodríguez Ferri, E F; Crespo Azofra, L

    2003-12-01

    The authors analyse the organisational structure of the OIE (World organisation for animal health), highlighting the roles of the Central Bureau, the Specialist Commissions, Regional Commissions, working groups and ad hoc groups, Regional Representations, Reference Laboratories and Collaborating Centres. The paper also includes some suggestions as to how the OIE could work more closely with its 'customers', that is, the Member Countries. These suggestions are based on current theories of organisational flexibility, and take into account not only the current organisational structure of the OIE, but also the Strategic Plan and the Working Plan, which were adopted at the 69th General Session of the OIE International Committee in 2001.

  16. Doing justice to the political: the International Criminal Court in Uganda and Sudan: a reply to Sarah Nouwen and Wouter Werner

    NARCIS (Netherlands)

    Schotel, B.

    2011-01-01

    This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to the Political. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in

  17. Regional economic integration in Great East Asia: determinants and barriers

    Directory of Open Access Journals (Sweden)

    Volodymyr Korol

    2015-06-01

    Full Text Available The article studies both general trends and peculiar characteristics of processes of economic integration in the Great East Asia, which plays the role of one of the major centers of contemporary global development. The basic determinants and barriers for implementation of regional strategies by China, Japan, ASEAN that will influence the geo-economic policy of Ukraine not only in East Asian, but also European and Eurasian areas. Attention is focused on the basic principles of realized and potential future integration models in the "ASEAN+" format with variable composition of member states that correspond to different extents to strategic objectives of both specified key actors in the region and extra-regional states that have global and transnational interests. Extrapolation of dominant trends in the nature and dynamics of transformation processes of East Asian economic regionalization allowed forming a forecast for the longterm conservation of importance of free trade agreements in the absence of preconditions to create customs unions. At the same time it was stressed out that proper assurance of national interests of international economic relations will be based on contractual instruments at the international level, without creating institutional and legal superstructure similar to the European Union or the Eurasian Economic Union as supranational law and supranational bodies.

  18. Prospects of Collective Security in the Eastern Africa Region

    Science.gov (United States)

    2013-06-14

    Union EAC East African Community EAR Eastern Africa Region EASBRIG East African Standby Brigade EASF Eastern Africa Standby Force ECOMOG ECOWAS...address inherent social, economic and political problems while at the same time facing the world economy as one block (AU 2000). The Union is a...the East African Community ( EAC ) will go on smoothly and its success will continue to attract other regional states to join thereby expanding the

  19. SOCIAL WORK FORENSIC REPORTS IN SOUTH AFRICAN CRIMINAL COURTS: INEVITABILITY IN THE QUEST FOR JUSTICE

    Directory of Open Access Journals (Sweden)

    Joubert, Mariëtte

    2014-10-01

    Full Text Available Social work forensic reports can play a vital role in sentencing. In this article the expectations of criminal courts of social work forensic reports were established in order to improve the contribution of the social work discipline in the search for justice. An important result indicates that courts would like to make use of social work forensic reports, among others. However, the poor writing style of some of these reports makes them unfit for use in the legal context. It is argued that social workers must be trained in critical thinking and the elements of clear writing to enable them to produce high-quality forensic reports.

  20. The Fundamental Principles Drawn from the Court of Justice of the European Union in the Field of Public Procurement and Concessions

    Directory of Open Access Journals (Sweden)

    Catalin-Silviu SARARU

    2010-11-01

    Full Text Available This article aims to present major guidelines in case-law of the Court of Justice of the European Union (EU in the field of public procurement and concessions. Court, with the mission to enforce EU law in the interpretation and uniform application of the Treaties, has contributed to establishing the content of the principles which apply in the award, conclusion, amendment and termination of public procurement contracts and concessions, and in shaping the principles applicable to review against abuses carried out by the contracting entity in the award procedure. This article analyzed the principles of transparency and impartiality in the award of these contracts and described the means by which these goals are achieved in practice: non-discriminatory description of the subject-matter of the contract, equal treatment of operators involved in awarding the contract, mutualrecognition of diplomas, certificates and other evidence, the principle of equal treatment of public and private operators, appropriate time-limits in which the undertakings concerned of any Member State are able to prepare their offers. Ensuring the application of EU rules in the field of public contractscan not be achieved without the existence of an effective judicial review based on the principle of effectiveness means legal action and the principle of equivalence. Knowledge the content of theseprinciples is particularly important for a uniform application of EU law on public contracts in all Member States.

  1. Organisational Learning and Organisational Memory for SMS and FRMS

    NARCIS (Netherlands)

    Koornneef, F.; Stewart, S.; Akselsson, R.; Ward, M.

    2009-01-01

    Chapter 1: Organisational Learning and Organisational Memory for SMS and FRMS The European Commission HILAS project (Human Integration into theLifecycle of Aviation Systems - a project supported by the European Commission’s 6th Framework between 2005-2009) was focused on using human factors

  2. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...

  3. Debatable questions of the lawyer’s responsibilities definition in the court: the foreign doctrine

    Directory of Open Access Journals (Sweden)

    Тетяна Борисівна Вільчик

    2016-01-01

    Conclusion. The conducted analysis of judicial decisions and scientific points of view leads to the following conclusions: 1 The legal status of lawyers is characterized by the fact that as participants in the proceedings, they take part together with the judges in the administration of justice. 2 Lawyers are an integral part of the administration of justice. 3 Lawyers should promote the efficient use of limited resources of the court. 4 The advocate’s duties in front of the court are of paramount importance and must be fulfilled even if a client gives a lawyer the opposite order. 5 Advocates should inform their client in time that their duty in front to the court is of paramount importance for the lawyer. 6 The lawyer’s duties include calling of the judge’s attention to any mistakes that he perhaps made. 7 Advocates should guide clients in litigation in the interests of promoting public confidence in the administration of justice

  4. Acute fibrinous and organising pneumonia: a case report and review of the literature.

    Science.gov (United States)

    Tzouvelekis, Argyris; Koutsopoulos, Anastasios; Oikonomou, Anastasia; Froudarakis, Marios; Zarogoulidis, Pavlos; Steiropoulos, Paschalis; Mikroulis, Dimitrios; Antoniades, Antonis; Bouros, Demosthenes

    2009-10-12

    Organising pneumonia is a distinct histopathological entity characterized by intra-alveolar buds of granulation tissue, called Masson bodies, which mainly comprise of activated fibroblasts and loose connective tissue. This histopathologic pattern has been described in idiopathic cases, characterizing cryptogenic organising pneumonia as well as in the context of pulmonary infection, drug-induced pneumonitis and following lung transplantation. Although distinct as a clinical and pathological entity, community organising pneumonia may present with atypical clinical and pathological features, such as intra-alveolar fillings of fibrin balls and organising tissue that resembles acute respiratory distress syndrome or diffuse alveolar damage. The latter characteristics constitute a recently described anatomoclinical entity called acute fibrinous and organising pneumonia. Here, we describe a rare case of acute fibrinous and organising pneumonia, in an otherwise healthy 65-year-old Greek woman who complained of dry cough, fever, weight loss and progressive dyspnoea. She had never been a smoker. Her clinical symptoms showed a rapid deterioration in the two weeks before admission, despite a course of oral antibiotics. After excluding infection and malignancy with routine laboratory tests and flexible bronchoscopy, high resolution computed tomography and video assisted thoracoscopic lung biopsy were performed. Diagnosis was based on radiological features typical of community organising pneumonia coupled with pathologic features characteristic of acute fibrinous and organising pneumonia. The patient was treated with corticosteroids and showed excellent clinical and radiological response three months after treatment initiation. Acute fibrinous and organising pneumonia is an extremely rare pathologic entity, often misdiagnosed as typical community organising pneumonia. To our knowledge, this is the seventh case of acute fibrinous and organising pneumonia in the literature, with no

  5. Evolving Justice: The Constitutional Relationship between the Minister of Justice and the Judiciary and a Short Overview of Recent Developments in the Area of Court Management in the Republic of Slovenia

    Directory of Open Access Journals (Sweden)

    Zoran Skubic

    2011-12-01

    Full Text Available Slovenia in 1995 embarked on a road of reforming its judiciary using a model that harked back to history but proved outlived. We learned the hard way that in terms of court management diffusion of responsibility breeds complacency, defeatism and indifference especially if it is combined with courts of inadequate size and capacity for effective delivery of justice. The most prominent feature of the reform was the reorganization of the courts of the first instance where the jurisdiction of the former monolithic Basic Courts was divided between new Local and District Courts. This resulted in that inter alia the most senior and experienced judges were delegated to District Courts. The reorganization also divided the caseload unevenly between the Local and District Courts. As a consequence the Local Courts were left with mostly inexperienced judges that had to deal with the bulk of the overall caseload of the courts of the first instance. The consequences were thus obvious. The motivation of the judges fell significantly which led to the overall performance especially in Local Courts to decrease substantially. This in turn led to a steady increase of unresolved cases which in time proved the main cause for considerable court backlogs that in the end culminated in the Lukenda v. Slovenia decision of the European Court of Human Rights in Strasbourg.

  6. The role of victims at the International Criminal Court : legal challenges from the tension between restorative and retributive justice

    NARCIS (Netherlands)

    Zago, G.

    2014-01-01

    The work of the International Criminal Court is characterized by a diversity of legal goals: indeed, its purpose is not limited to the fulfillment of a classic retributive scope, by punishing the accused for the commission of crimes within the Court's jurisdiction, but it also intends to achieve a

  7. The Principle of Justice Administered Only by the Court When Making a Pre-Trial Cooperation Agreement and Special Trial Order

    Directory of Open Access Journals (Sweden)

    Suvorova A. A.

    2015-01-01

    Full Text Available The article investigates the problems of realization of the principle of justice administered only by the court in special conditions of judicial proceedings, suggests the ways of optimizing the procedure of making a pre-trial cooperation agreement.

  8. SEVEN KEY INSTITUTIONS OF THE EUROPEAN UNION- VALIDATED BY THE LISBON TREATY

    Directory of Open Access Journals (Sweden)

    Elena\tIFTIME

    2015-06-01

    Full Text Available The seven institutions of the EU, which the title of this articles announces, structure the institutional basis of the Common European Home, considered to be the emblem of the most dynamic and complex, the most institutionalized and discussed (even controversial regional integration process. Building the Community Europe has began by the establishment of the Communities having 3 political institutions which represented in the evolution of the integration process, the triangle that ensured the coherence and the continuity of the Community actions: Council of Ministers, European Commission and the Assembly to which was added the Court and from 1974 the European Council as an indicative body. The five main institutions have formed the Community institutional system which over time had mainly guidance competences, of decision and direction (Council of Ministers, the Commission and the European Council or control skills ( the European Parliament and the Court of Justice. Since 1975, the institutional structure was strengthened through the creation of a Court of Auditors with general competences of checking accounts and discharge in Community activities. Maastricht Treaty 1992 (1993 raises this body to the rank of Community institution, without substantially altering its powers. The 6 Community institutions were supplemented by validating the status of Community institution of the ECB by the Lisbon Treaty 2007 (2009. ECB together with the national central banks of the Member States whose currency is the euro make up the Eurosystem. Through the Lisbon Treaty, the institutional structure was subjected to a process of improvement and strengthening of the EU which functions currently through the 7 institutions, interdependent, which are in a complementary relationship determined by the common goals which they pursue in Europe and in relations with other parts of the world.

  9. 75 FR 40819 - Reliability Standards Development and NERC and Regional Entity Enforcement; Notice Soliciting...

    Science.gov (United States)

    2010-07-14

    ... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD10-14-000] Reliability Standards Development and NERC and Regional Entity Enforcement; Notice Soliciting Comments July 7, 2010... technical conference to explore issues pertaining to the development of mandatory Reliability Standards for...

  10. Does organisational justice protect from sickness absence following a major life event? A Finnish public sector study.

    Science.gov (United States)

    Elovainio, M; Kivimäki, M; Linna, A; Brockner, J; van den Bos, K; Greenberg, J; Pentti, J; Virtanen, M; Vahtera, J

    2010-05-01

    It has been shown that fairness perceptions have a strong impact on health, especially under conditions of great work stress. The aim of this study was to extend previous research in studying whether working in high justice workplace would protect from health effects following environmental stressors outside work. Using a prospective longitudinal design, the relationships between organisational justice and sickness-related absences both before and after a major life event among 25 459 public sector employees working in 2551 work units were studied. Sickness absences covered the period from 36 months before the event until 30 months after the event. The increase in sickness absences after the event was larger and stayed at a higher level even 30 months after the event, among those who perceived the management practices in their work unit to be relatively unfair. Similar patterns were found for each of the distributive, procedural and interactional dimensions of organisational justice. Fair organisational and managerial procedures may buffer the negative health effects of psychosocial health risks outside work.

  11. Comparative Supreme Justice

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2011-12-01

    Full Text Available This article deals with the great variety of Supreme Courts in the world today and presents some selected courts. Supreme Courts are found in most countries both as only apex courts or in a courts’ system where also supreme administrative courts or constitutional courts are found. The starting point is the variation of supreme justice in the Nordic countries where one apex court is the system of Denmark and Norway whereas administrative courts are found in Sweden and Finland. Constitutional courts stem from the European tradition and are most abundant in Europe and in countries with a civil law system but especially in Africa they are also found in common law countries. Mexico is mentioned as a specific example of a Supreme Court that has taken upon itself to be a main player in the endeavour to communicate the law to a general audience. The article is a presentation with samples of what is going to be a project on comparative supreme justice in which the position of supreme courts in the various states, the recruitment scheme and competence of the courts and other such factors will be analyzed on a global basis.

  12. Corruption, Political Instability and Economic Development in the Economic Community of West African States (ECOWAS): Is There a Causal Relationship?

    OpenAIRE

    Nurudeen Abu; Mohd Zaini Abd Karim; Mukhriz Izraf Azman Aziz

    2015-01-01

    Despite the abundant research on economic development, corruption and political instability, little research has attempted to examine whether there is a causal relationship among them. This paper examines the causal relationship among corruption, political instability and economic development in the ECOWAS using the Granger causality test within a multivariate cointegration and error-correction framework for the 1996 - 2012 period. The findings indicate that political instability Granger-caus...

  13. Beyond vertical integration--Community based medical education.

    Science.gov (United States)

    Kennedy, Emma Margaret

    2006-11-01

    The term 'vertical integration' is used broadly in medical education, sometimes when discussing community based medical education (CBME). This article examines the relevance of the term 'vertical integration' and provides an alternative perspective on the complexities of facilitating the CBME process. The principles of learner centredness, patient centredness and flexibility are fundamental to learning in the diverse contexts of 'community'. Vertical integration as a structural concept is helpful for academic organisations but has less application to education in the community setting; a different approach illuminates the strengths and challenges of CBME that need consideration by these organisations.

  14. European Court of Justice Secures Fundamental Rights from UN Security Council Resolutions

    Directory of Open Access Journals (Sweden)

    Sebastian Recker

    2009-02-01

    ="MsoFootnoteReference">[4]. The Court of First Instance held that in principle it had no jurisdiction to review the lawfulness of regulations based on Security Council resolutions. The European Court of Justice stated that acts of the Sanctions Committee under Chapter VII of the UN Charter must be reviewable if restrictions infringe general principles of Community law[5]. This decision creates a new balance of power in international law. Obligations from international agreements cannot prejudice fundamental rights as general principles of the EC Treaty.

    Until this judgment, it seemed that the UN Security Council had the unconfined power to determine binding instructions to States under Chapter VII of the UN Charter without the possibility of judicial review by Member States. The conflict between the status quo demanded by the United Nations and the requirement of the European Communities in securing their general principles shows the purpose and at the same time abashment of international law. Who determines the rules in international law and who is to decide when the rules have been violated? This question is contentious, because the standing of rules in international law is dependent on the consent of the parties. In this regard, European Union Member States, institutions, citizens and courts were not agreed on how to balance the competence in these cases[6

  15. 15 CFR 19.16 - When will Commerce entities refer Commerce debts to the Department of Justice?

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false When will Commerce entities refer Commerce debts to the Department of Justice? 19.16 Section 19.16 Commerce and Foreign Trade Office of the Secretary of Commerce COMMERCE DEBT COLLECTION Procedures To Collect Commerce Debts § 19.16 When will...

  16. The Impact of Teen Court on Rural Adolescents: Improved Social Relationships, Psychological Functioning, and School Experiences.

    Science.gov (United States)

    Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith

    2017-08-01

    Teen Court is a prevention program aimed at diverting first time juvenile offenders from the traditional juvenile justice system and reintegrating them into the community. Few studies have examined if Teen Court impacts adolescent functioning. We examined how Teen Court participation impacted psychosocial functioning, social relationships, and school experiences in a sample of 392 rural Teen Court participants relative to two comparison samples, one from the same county as Teen Court (n = 4276) and one from a neighboring county (n = 3584). We found that Teen Court has the potential to decrease internalizing symptoms, externalizing behavior, violent behavior, parent-adolescent conflict, and delinquent friends, and increase self-esteem and school satisfaction.

  17. Roles of the economic community of West African states in the ...

    African Journals Online (AJOL)

    The decision to deepen cooperation among the Economic Community of West African States (ECOWAS) in the struggle against insurgencies in Mali and Nigeria has inspired a lively debate among scholars. Since no large-scale war has occurred between ECOWAS member states since its founding in 1975, it is reasonable ...

  18. Global justice, poverty and maternal mortality

    Directory of Open Access Journals (Sweden)

    Flor de María Cáceres M

    2010-11-01

    Full Text Available Global justice is currently situated in an ambiance of tension and debate, facing a series of statements attempting to explain relationships among countries, based on the background of agreements already accomplished by supranational agencies. This network of relationships, not always fair nor equitable, has resulted in an increased accumulation of wealth in just a few hands and poverty in a growing number of people in poor countries and geographic areas with restrictions to access both to resources and to technological and scientific advances. Poverty, exclusion and inequalities limit all together the opportunities for development in these communities, with the outcome of serious consequences such as the deterioration in basic indicators of development. Maternal mortality rate (mm is considered a sentinel indicator since it belongs in most cases to premature deaths which would be avoidable through proper measures in education, health promotion and timely access to quality health services. The purpose of this essay is to defend the thesis that the lack of global justice has limited the scope of the goals related to poverty and mm reduction

  19. Seeking to improve spatial justice - the case of rationalising the district court areas in South Africa - utilising several spatial analysis methods.

    CSIR Research Space (South Africa)

    Maritz, J

    2015-08-01

    Full Text Available for the Department of Justice and Constitutional Development during 2014 to assist the process to rationalise magisterial districts. In order to determine access to courts, some form of impact assessment is required – this paper outlines the accessibility analysis...

  20. Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

    Science.gov (United States)

    Moore, Marlee E; Hiday, Virginia Aldigé

    2006-12-01

    Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

  1. Representativeness of the European social partner organisations: Hospitals - Netherlands

    NARCIS (Netherlands)

    Grünell, M.

    2009-01-01

    The aim of this representativeness study is to identify the respective national and supranational actors (i.e. trade unions and employer organisations) in the field of industrial relations. This study will, in particular, focus on their representational quality as well as on their role in collective

  2. Review of Administrative Justice in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Islam Pepaj

    2015-07-01

    Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.

  3. Understanding job satisfaction amongst mid-level cadres in Malawi: the contribution of organisational justice.

    Science.gov (United States)

    McAuliffe, Eilish; Manafa, Ogenna; Maseko, Fresier; Bowie, Cameron; White, Emma

    2009-05-01

    The migration of doctors and nurses from low- to high-income countries has left many countries relying on mid-level cadres as the mainstay of their health delivery system, Malawi being an example. Although an extremely important resource, little attention has been paid to the management and further development of these cadres. In this paper we use the concept of organisational justice - fairness of treatment, procedures and communication on the part of managers - to explore through a questionnaire how mid-level cadres in jobs traditionally done by higher-level cadres self-assessed their level of job satisfaction. All mid-level health workers present on the day of data collection in 34 health facilities in three health districts of Malawi, one district each from the three geographical regions, were invited to participate; 126 agreed. Perceptions of justice correlated strongly with level of job satisfaction, and in particular perceptions of how well they were treated by their managers and the extent to which they were informed about decisions and changes. Pay was not the only important element in job satisfaction; promotion opportunities and satisfaction with current work assignments were also significant. These findings highlight the important role that managers can play in the motivation, career development and performance of mid-level health workers.

  4. Supranational Cooperation in Europe

    NARCIS (Netherlands)

    de Deugd, Nienke; Stamm, Katharina; Westerman, Wim

    The sovereign debt crisis and the euro crisis have prompted heads of state and government in Europe to intensify supranational cooperation. However, some political leaders and policy makers aim for more. They propose the introduction of a common European economic government that would prevent Europe

  5. Transition to a post-carbon society: Linking environmental justice and just transition discourses

    International Nuclear Information System (INIS)

    Evans, Geoff; Phelan, Liam

    2016-01-01

    The Hunter Valley, in New South Wales, Australia, is a globally significant coal mining and exporting region. The Hunter economy's strong basis in fossil fuel production and consumption is challenged by civil society campaigns employing environmental justice discourses. This paper analyses how two civil society campaigns in the Hunter region (‘Stop T4′ and 'Groundswell’) have countered the regional hegemony of fossil fuel interests from an environmental justice perspective. However, the discursive dominance of the 'jobs versus environment’ frame hinders efforts to build solidarity amongst local environmental justice goals on the one hand, and workers and union aspirations for secure, quality jobs on the other. Long-term structural decline of global coal markets adds pressure for economic transition. We argue that campaigns to open up possibilities for transition away from fossil fuel dependency to a post-carbon society can be strengthened by engaging with the 'just transition’ discourses that are typically associated with organised labour. Doing so can create synergy for social change by aligning community and labour movement interests. Inclusive social movement partnerships around this synergy must address structural disadvantage that creates social and economic insecurity if communities are to prevail over the fossil fuel sector's hegemony. - Highlights: • Jobs versus environment. • Environmental justice. • Just transition. • Counter-hegemonic forces.

  6. PROCEDURAL NORMS AND SUBSTANTIVE NORMS: THE PRIMACY OF JUS COGENS NORMS AND UNDERSTANDING OF THE INTERNATIONAL COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Elisa Resende Bueno Da Fonseca

    2015-12-01

    Full Text Available The purpose of this paper is to analyze the relationship between the procedural rule of State immunity and substantive rule of jus cogens prohibiting torture and slave labor in the case Germany v. Italy judged by the International Court of Justice in 2012. Notwithstanding the recognized superiority of peremptory norms, in the case, its analysis was impeded by application of the procedural rule of immunity. The suppression of the rule that expresses the higher values of the international community resulted in manifest injustice and impunity. Through detailed analysis of the characteristics and effects substantive rules of jus cogens, as well as its distinction of rules of procedural character, and considering the theoretical framework humanization of international law, this work states that the contemporary international law does not allow a procedural rule prevents the application of a substantive rule of jus cogens, exactly by the supreme value this last protects: the human being.

  7. No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

    Directory of Open Access Journals (Sweden)

    Moses R Phooko

    2015-12-01

    Full Text Available The Southern African Development Community Tribunal's (SADC Tribunal decision in the matter of Mike Campbell (Pvt Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008 demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would promote the rule of law and ensure that member states respected their treaty obligations in their own territories. Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of human rights violations. In addressing this question, this article will discuss the powers (implied and tacit of international organisations as understood within international law. In addition, the study will ascertain how the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia have dealt with cases that involved disputes concerning a tribunal or an international organisation that was said to have acted beyond its mandate. The study will also make reference to the East African Court of Justice and the Economic Community of West African States Court of Justice as they have also dealt with implied powers when they were confronted with cases concerning human rights abuses. Certain decisions of the SADC Summit of Heads of States or Government (Summit and the Council of Ministers whose roles include the control of functions and/or overseeing the functioning of the SADC will also be referred to in this study.

  8. Representativeness of the European social partner organisations: Catering sector - Netherlands

    NARCIS (Netherlands)

    Grünell, M.

    2010-01-01

    The aim of this representativeness study is to identify the respective national and supranational actors (i.e. trade unions and employer organisations) in the field of industrial relations in the contract catering sector in the Netherlands. In order to determine their relative importance in the

  9. Examination of employee factors influencing organisational productivity: Perspective of a public entity

    Directory of Open Access Journals (Sweden)

    Paul Green

    2015-07-01

    Full Text Available The influence of employees’ challenges on productivity at a provincial department in KwaZulu-Natal has been notably affecting the overall provision of houses and sanitation (service delivery. According to the Annual Performance Plan 2013/14 – 2015/16, the improvement of efficiency and quality of human settlements’ services is one of the strategic goals which focuses on the overall organisational productivity; however, it fails to consider employees’ day-to-day challenges. Thus, the primary purpose of this paper is to investigate challenges at an operational level and determine the impact they have on productivity. Using a quantitative approach, a questionnaire was distributed to a convenience sample of 180 employees within the department. Applying factor analysis, the findings indicate Leadership as having the highest impact while Work-Life Balance displayed the least impact on Organisational Productivity. The results of this study are beneficial to other local, provincial and national public entities.

  10. The Court of Justice of the European Union and Fixed-term Work

    DEFF Research Database (Denmark)

    de la Porte, Caroline; Emmenegger, Patrick

    2017-01-01

    permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed......While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable...... show that the equal treatment is affirmed in all cases under analysis for different provisions of labour contracts. With regard to abuse of recourse to fixed-term contracts, by contrast, the rulings still represent a zone of legal uncertainty, whereby some judgments allow for fixed-term contracts...

  11. Crossing borders: a critical review of the role of the European Court of Justice in EU health policy.

    Science.gov (United States)

    Brooks, Eleanor

    2012-04-01

    Over the last two decades, the European Union (EU) has steadily increased its involvement in the health policies of its member states, with considerable support from the European Court of Justice (ECJ). However, much of the literature examining the Court's role has focused upon the intersection between internal market law and the health services sector; the majority of studies have failed to examine the potential role for the Court in public health policy. Observers such as Greer have seen the development of healthcare as a clear case of neofunctional spillover, a view supported but qualified by Wasserfallen and others, who present a more detailed account of the mechanics of the process. Alternative analyses have focused upon the new modes of governance, soft law and other factors - this article reviews the current state of research in the field and the extent to which it should concern health policy actors and non-specialists in EU policy alike. It concludes that the Court has played and continues to play a crucial role in the development of EU public health policy, as well as in health services and broader social policy, where its influence has already been well documented. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  12. Court-agency interaction in environmental policymaking: the cases of the Nuclear Regulatory Commission and the Environmental Protection Agency

    International Nuclear Information System (INIS)

    Thomas, L.W.

    1981-01-01

    This study examines the increasingly active participation of courts in the administrative process as well as agency responses to court-imposed policy shifts. More specifically, it is an investigation of the interaction between the federal courts, primarily the Supreme Court and the District of Columbia Court of Appeals, and two federal regulatory agencies, the Nuclar Regulatory Commission and the Environmental Protection Agency. There are five objectives to the study. The first is to examine the natura of court-agency interaction and to determine the extent to which patterns of judicial review of administrative actions can be discerned. The second is to examine the effect of court orders on agency programs and policies. The third is to assess the anticipatory dimension of court-agency relations. The fourth is to inquire into the recurring dimension of court-agency interaction and to determine its effect on subsequent court decisions. The last is to assess the institutional capacity of courts to deal with scientific and technological issues. This study indicates that judicial review has a substantial effect on the NRC's and the EPA's decision-making activities. Few, if any, recent major policy decisions of the two agencies have not been scrutinized closely by federal appellate courts. During the past decade, the courts have blocked policy initiative on numerous occasions and have been the primary source of change in others. In addition, the mere anticipation of judicial review was found to be a factor motivating the two agencies to make reasoned decisions

  13. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.

    2009-01-01

    By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

  14. The Space for Restorative Justice in the Ethiopian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2014-12-01

    Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of ‘putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

  15. A legislative framework for the safety of nuclear installations in the European Union

    International Nuclear Information System (INIS)

    Kus, S.; Emmerechts, S.

    2009-01-01

    For the first time since the inception of the European Community in 1957 and after two previously unsuccessful attempts, on 25 June 2009 the Council of the European Union adopted European-wide, binding requirements on nuclear safety. The goal of the 'Council Directive establishing a Community framework for the nuclear safety of nuclear installations' ('the Directive') is to maintain and to promote the continuous improvement of nuclear safety and to ensure that a high level of nuclear safety is provided by EU member states to protect workers and the general public against the dangers arising from nuclear installations. The Directive is based on the IAEA Safety Fundamentals and the Convention on Nuclear Safety. The 27 member states of the Community are required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 22 July 2011. The Directive applies to a range of nuclear installations that is wider than the one adopted in the Convention on Nuclear Safety.9 The Directive applies to any civilian nuclear installation, defined as: a) an enrichment plant, nuclear fuel fabrication plant, nuclear power plant, reprocessing plant, research reactor facility, spent fuel storage facility; and b) storage facilities for radioactive waste that are on the same site and are directly related to nuclear installations listed under point a). The Directive is without doubt a milestone in international and regional law making in the field of nuclear law, not so much because of its content but because of the supranational nature of European law and the powers of EU institutions. Member states have long resisted the Directive because of the powers which it delegates to the European Commission, and more importantly, to the European Court of Justice. The Commission, as the guardian of the treaties and the measures taken by the institutions, ensures that EU legislation is applied correctly by the member states. It can start

  16. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  17. Community legal borderlines for nationally arranged restraints of competition. Presented with the help of decisions of the European Court of Justice with special consideration of price regulations in energy law; Gemeinschaftsrechtliche Grenzen fuer staatlich veranlasste Wettbewerbsbeschraenkungen. Dargestellt anhand von Entscheidungen des EuGH unter besonderer Beruecksichtigung von Preisregelungen im Energierecht

    Energy Technology Data Exchange (ETDEWEB)

    Klasse, M.

    2006-07-01

    In the contribution under consideration, the author reports on the limits which are set by anti-competitive interventions of the member states of the European Community into the market. Following the introduction and the formulation of the problem, the contribution consists of the following chapters: (a) The limits of the nationally arranged restraints of competition in the jurisdiction of the European Court of Justice; (b) Limits of nationally arranged restraints of competition from factual norms of the European Community contract; (c) Commitment of the member states of the European Community to the free competition due to general fundamentals of the Community law; (d) Exceptions of the prohibition nationally arranged restraints of competitions; (e) Application of the competitional obligation from paragraph 10 section 2 of the European Community Contract.

  18. Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

    Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

  19. Productivity Antecedents of Brazilian Courts of Justice: Evidence from Justiça em Números

    Directory of Open Access Journals (Sweden)

    Alamir Costa Louro

    2017-12-01

    Full Text Available Public sector managers and researchers have emphasized the importance of performance measurement. Nevertheless, few theoretical and empirical studies are found in Brazilian Judiciary Courts’ literature. In order to empirically identify which variables (IT investments, own or outsourced human capital are more relevant for improving productivity, the current research proposes a model using secondary data extracted from the Justiça em Números (Justice in Numbers report, using structural equation modeling for the analysis. The results suggest that: (a all variables are relevant for improving productivity in Brazilian Courts, confirming our first three theoretical hypotheses; and (b own human capital has a greater impact on productivity than outsourced, confirming the fourth. For those who are responsible for reforms, this finding indicates that IT is not the most important investment. However a question remains: Seen as a cure for almost all problems in the public sector, is it possible to improve performance without hard IT investments? For future research there are some additional questions: Why is own human capital more relevant than outsourced? Which variables should be included in the model for improving the general significance? The answers can help improve Brazilian court productivity.

  20. The Limits of International Adjudication: Authority and Resistance of Regional Economic Courts in Times of Crisis

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Cebulak, Pola

    2018-01-01

    Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case studies from across the globe, the article identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts...

  1. Barriers of inter-organisational integration in vocational rehabilitation.

    Science.gov (United States)

    Wihlman, Ulla; Lundborg, Cecilia Stålsby; Axelsson, Runo; Holmström, Inger

    2008-06-19

    A project of vocational rehabilitation was studied in Sweden between 1999 and 2002. The project included four public organisations: the social insurance office, the local health services, the municipal social service and the office of the state employment service. The aim of this paper was to analyse perceived barriers in the development of inter-organisational integration. Theories of inter-professional and inter-organisational integration, and theories on organisational change. In total, 51 semi-structured interviews and 14 focus group discussions were performed with actors within the project between 1999 and 2002. A thematic approach was used for the analysis of the data. THREE DIFFERENT MAIN THEMES OF BARRIERS EMERGED FROM THE DATA: A Uncertainty, B Prioritising own organisation and C Lack of communication. The themes are interconnected in an intricate web and hence not mutually exclusive. The barriers found are all related partly to organisational change in general and partly to the specific development of organisational integration. Prioritising of own organisation led to flaws in communication, which in turn led to a high degree of uncertainty within the project. This can be seen as a circular relationship, since uncertainty might increase focus on own organisation and lack of communication. A way to overcome these barriers would be to take the needs of the clients as a point of departure in the development of joint services and to also involve them in the development of inter-organisational integration.

  2. Improving the Performance of Justice Institutions

    OpenAIRE

    Decker, Klaus; Mohlen, Christian; Varela, David F.

    2011-01-01

    This paper presents a selection of experiences from Organization for Economic Cooperation and Development (OECD) countries in managing justice institutions which are the most relevant for performance improvement of their counterparts in Latin America. The scope of the paper is mostly limited to the courts, but comprises all types of courts: specialized courts as well as courts of general j...

  3. The ICC, International Criminal Justice and International Politics ...

    African Journals Online (AJOL)

    The International Criminal Court (ICC) came into being as a result of a desire by the international community to establish a permanent body to deliver criminal justice instead of the formula of ad hoc tribunals that had become the norm. The coming into force of the Rome Statute in 2002 was greeted with euphoria as it ...

  4. All projects related to nigéria | Page 4 | IDRC - International ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    International Remittances, Poverty and Inequality : a Case Study of Ghana, ... Community of West African States (ECOWAS) over the past three decades. ... advocacy and networking organization based in India, with resource centres in ... Strengthening Gender Justice in Nigeria : a Focus on Women's Citizenship in Practice.

  5. Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Azem Hajdari

    2014-06-01

    Full Text Available Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces. In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law. The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial

  6. Regional Organisations and International Mediation: The ...

    African Journals Online (AJOL)

    Regional Organisations and International Mediation: The Effectiveness of Insider Mediators. ... During the last two decades of the twentieth century, the world witnessed an increasing number of regional conflict management efforts undertaken by regional inter-governmental organisations. There are therefore strong reasons ...

  7. [Organisational problems in hospitals as risk factors].

    Science.gov (United States)

    Jansen, Christoph

    2008-01-01

    The organisational responsibility in a hospital lies with the individual who is actually (co-) responsible for the error (for example, the senior consultant, medical director, nursing manager, administrative director or manager of a hospital). According to the Federal Court of Justice (BGH), staff shortages are no excuse for the failure to adhere to the standard of care. According to a judgement of the Labour Court in Wilhelmshaven the Senior Consultant of a hospital is entitled to be provided with the necessary number of staff by the hospital owner who is obliged to provide a round-the-clock specialist care standard. Care should be taken that no employees be deployed who are overtired from working the previous night shift. Timely information of the follow-up physician about therapeutic issues resulting from the hospital treatment is demanded. Risk prevention strategies developed by an expert group as a form of risk management are reasonable and also requested by some liability insurances.

  8. Generating Community, Generating Justice? The production and circulation of value in community energy initiatives

    Directory of Open Access Journals (Sweden)

    Taylor Chase Dotson

    2016-12-01

    Full Text Available In this paper, we explore the potentialities and interconnections between existing and hypothetical community energy systems and the concept of generative justice. New York State’s more recent official energy plan, for instance, includes provisions for community-scale microgrids, and several European nations offer significant financial support to citizens interested in building micro and intermediate-scale renewable energy systems. Such efforts and technologies appear to promise some degree of generative justice, returning much of the value generated by distributed renewable energy back to the community producing it. However, most currently conceived and implemented community energy systems recirculate value in very narrow and limited ways. Building upon an analysis of New York energy policy and on-the-ground cases, we explore community energy’s potential. What kinds of value are being generated by community energy systems and for whom? How could such efforts be more generative of justice across a broad range of values, not just electrons and dollars? Through the attempt to broaden thinking not only about community energy systems but also the concept of generative justice, we connect technological and organizational configurations of community energy systems and the forms of value they have the potential to generate: including, the production of grassroots energy and organizational expertise, the capacity for local and personal autonomy in energy planning and decision-making, and the enhancement of an affective sense and embodied experience of community. Finally, we examine some of the barriers to realizing more generatively just community energy systems. 

  9. JUSTICE IN THE WORKPLACE: THE INFLUENCE OF PROCEDURAL,DISTRIBUTIVE AND INTERACTIONAL JUSTICE ONORGANISATIONAL CITIZENSHIP BEHAVIOUR AMONGEMPLOYEES IN THE POLICE SERVICE

    Directory of Open Access Journals (Sweden)

    H.J. van Vuuren

    2016-01-01

    Full Text Available Organisational justice has received a fair amount of attention in businessenvironments. The study investigated employees’ perceptions of organisationaljustice and their effects on organisational citizenship behaviour at the SAPSAcademy, Paarl, South Africa. Using a quantitative research paradigm and anexploratory research method, 226 employees were sampledthrough a structuredquestionnaire. Systematic sampling wasused to ensure that the sample accuratelyreflected the larger population (N=457.Thecorrelation analysis revealed that allthree dimensions of organisational justice are related significantly and positivelyto organisational citizenship behaviour.Through regression analysisorganisational justice showed a strong predictive relationship with organisationalcitizenship behaviour. The study demonstrated that employeesshow a greaterpropensityto engage in organisational citizenship behaviour when they are able toform positiveperceptions of procedural, distributive and interactional justice. Thestudy established that there are major differences between the expectations ofemployees and managerial actions, which suggest that there are differentareas toexplore and different types of activities to undertake in order to successfullyenhance employees’ perceptions of organisational justice and reinforceorganisational citizenship behaviourin the academy.

  10. Renewal strategy and community based organisations in community ...

    African Journals Online (AJOL)

    Renewal strategy and community based organisations in community ... the local population and resources to do that which the governments had failed to do. ... country with a view to reducing poverty and developmental imbalance in Nigeria.

  11. 78 FR 14017 - Courts of Indian Offenses

    Science.gov (United States)

    2013-03-04

    ... process of establishing, tribal courts; and are therefore no longer in need of an extra-tribal judicial... Health Hospital, and the Albuquerque Indian School Property (land held in trust for the 19 Pueblos of New... have courts to administer justice on land under their jurisdiction. Prior notice and comment are...

  12. ECOWAS and the Crisis in Cote d\\'Ivoire: The Politics and Problems ...

    African Journals Online (AJOL)

    ECOWAS and the Crisis in Cote d\\'Ivoire: The Politics and Problems of ... La CEDEAO et la Crise en Côte d\\'Ivoire: Les Politiques et les Problèmes de la ... du Mécanisme de la CEDEAO pour la Prévention, la Gestion, la Résolution, le Maintien ...

  13. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

    Science.gov (United States)

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2013-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes.

  14. Evaluating candidate reactions to selection practices using organisational justice theory.

    Science.gov (United States)

    Patterson, Fiona; Zibarras, Lara; Carr, Victoria; Irish, Bill; Gregory, Simon

    2011-03-01

    This study aimed to examine candidate reactions to selection practices in postgraduate medical training using organisational justice theory. We carried out three independent cross-sectional studies using samples from three consecutive annual recruitment rounds. Data were gathered from candidates applying for entry into UK general practice (GP) training during 2007, 2008 and 2009. Participants completed an evaluation questionnaire immediately after the short-listing stage and after the selection centre (interview) stage. Participants were doctors applying for GP training in the UK. Main outcome measures were participants' evaluations of the selection methods and perceptions of the overall fairness of each selection stage (short-listing and selection centre). A total of 23,855 evaluation questionnaires were completed (6893 in 2007, 10,497 in 2008 and 6465 in 2009). Absolute levels of perceptions of fairness of all the selection methods at both the short-listing and selection centre stages were consistently high over the 3years. Similarly, all selection methods were considered to be job-related by candidates. However, in general, candidates considered the selection centre stage to be significantly fairer than the short-listing stage. Of all the selection methods, the simulated patient consultation completed at the selection centre stage was rated as the most job-relevant. This is the first study to use a model of organisational justice theory to evaluate candidate reactions during selection into postgraduate specialty training. The high-fidelity selection methods are consistently viewed as more job-relevant and fairer by candidates. This has important implications for the design of recruitment systems for all specialties and, potentially, for medical school admissions. Using this approach, recruiters can systematically compare perceptions of the fairness and job relevance of various selection methods. © Blackwell Publishing Ltd 2011.

  15. Qualitative study investigating the commissioning process for older people's services provided by third sector organisations: SOPRANO study protocol.

    Science.gov (United States)

    Sands, Gina; Chadborn, Neil; Craig, Chris; Gladman, John

    2016-05-18

    The commissioning of third sector services for older people may influence the quality, availability and coordination of services for older people. The SOPRANO study aims to understand the relationships between and processes of commissioning bodies and third sector organisations providing health and social care services for older people. This qualitative study will be based in the East Midlands region of England. An initial scoping survey of commissioners will give an overview of services to maintain the health and well-being of older people in the community that are commissioned. Following this, semistructured interviews will be conducted with 4 sample groups: health and social care commissioners, service provider managers, service provider case workers and older service users. A sample size of 10-15 participants in each of the 4 groups is expected to be sufficient to reach data saturation, resulting in a final expected sample size of 40-60 participants. Informed consent will be gained from all participants, and those unable to provide informed consent will be excluded. The interview data will be analysed by 2 researchers using framework content analysis. Approval for the study has been gained from the University of Nottingham School of Medicine ethical review board, and the relevant approvals have been gained from the National Health Service (NHS) research and development departments for interviewing NHS staff. Early engagement with a wide range of stakeholders will ensure that the research findings are extensively disseminated to relevant stakeholders (including commissioners and third sector providers) in an accessible format using the extensive communication networks available to the National Institute for Health Research (NIHR) Collaboration for Leadership in Applied Health Research and Care CLAHRCs (applied health research organisations covering all of England). The study will also be disseminated through academic routes such as conference presentations and

  16. Evaluation in the Transnational "Management by Projects" Policies

    Science.gov (United States)

    Heikkinen, Anja

    2004-01-01

    There is a supranational tendency in educational governance towards a "management by projects" policy, which substitutes democratic procedures and norm-based control in the materialisation of educational justice. The organisational level becomes crucial for the management of education and the pressure to conceive education as a…

  17. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2016-01-01

    Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

  18. OVERVIEW OF RUSSIAN CIVIL JUSTICE

    Directory of Open Access Journals (Sweden)

    D. Maleshin

    2016-01-01

    Full Text Available Contemporary Russian civil procedure is not a pure Continental model because it also has procedural features of the common law system, as well as some other original and exceptional features. This article examines the main aspects of Russian civil justice: its main principles; judicial organization, including the structure of the courts and the division between courts of general jurisdiction and arbitrazh (commercial courts, and the Intellectual Property Court; sources of procedural law; bar organization; the jurisdiction of the courts; actions and proceedings; legal costs; evidence; administrative procedure; class actions; enforcement proceedings; and arbitration and mediation.

  19. Analysing a Chinese Regional Integrated Healthcare Organisation Reform Failure using a Complex Adaptive System Approach

    Directory of Open Access Journals (Sweden)

    Wenxi Tang

    2017-06-01

    Full Text Available Introduction: China’s organised health system has remained outdated for decades. Current health systems in many less market-oriented countries still adhere to traditional administrative-based directives and linear planning. Furthermore, they neglect the responsiveness and feedback of institutions and professionals, which often results in reform failure in integrated care. Complex adaptive system theory (CAS provides a new perspective and methodology for analysing the health system and policy implementation.  Methods: We observed the typical case of Qianjiang’s Integrated Health Organization Reform (IHO for 2 years to analyse integrated care reforms using CAS theory. Via questionnaires and interviews, we observed 32 medical institutions and 344 professionals. We compared their cooperative behaviours from both organisational and inter-professional levels between 2013 and 2015, and further investigated potential reasons for why medical institutions and professionals did not form an effective IHO. We discovered how interested parties in the policy implementation process influenced reform outcome, and by theoretical induction, proposed a new semi-organised system and corresponding policy analysis flowchart that potentially suits the actual realisation of CAS.  Results: The reform did not achieve its desired effect. The Qianjiang IHO was loosely integrated rather than closely integrated, and the cooperation levels between organisations and professionals were low. This disappointing result was due to low mutual trust among IHO members, with the main contributing factors being insufficient financial incentives and the lack of a common vision.  Discussion and Conclusions: The traditional 'organised health system' is old-fashioned. Rather than being completely organised or adaptive, the health system is currently more similar to a s'emi-organised system'. Medical institutions and professionals operate in a middle ground between complete adherence

  20. On financial losses, prospectuses, liability, jurisdiction (clauses) and applicable law : European Court of Justice 28 January 2015, Case C-375/13 (Kolassa/Barclays Bank)

    NARCIS (Netherlands)

    Arons, T.M.C.

    The difficult question of where financial losses are directly sustained has been (partly) solved by the European Court of Justice on 28 January 2015. In Kolassa the ECJ ruled that an investor suffers direct financial losses as a result of corporate misinformation (i.e. misleading information

  1. Building integrated care systems: a case study of Bidasoa Integrated Health Organisation

    Directory of Open Access Journals (Sweden)

    Nuria Toro Polanco

    2015-06-01

    Full Text Available Introduction: This paper analyses the implementation of integrated care policies in the Basque Country through the deployment of an Integrated Health Organisation in Bidasoa area during the period 2011–2014. Structural, functional and clinical integration policies have been employed with the aim to deliver integrated and person-centred care for patients, especially for those living with chronic conditions.Methods: This organisational case study used multiple data sources and methods in a pragmatic and reflexive manner to build a picture of the organisational development over a 4-year period. In order to measure the progress of integration three concepts have been measured: (i readiness for chronicity measured with Assessment of Readiness for Chronicity in Healthcare Organisations tool; (ii collaboration between clinicians from different care levels measured with the D'Amour Questionnaire, and (iii overall impact of integration through several indicators based on the Triple Aim Framework.Results: The measurement of organisational readiness for chronicity showed improvements in five of the six areas under evaluation. Similarly the collaboration between professionals of different care levels showed a steady improvement in each of the 10 items. Furthermore, the Triple Aim-based indicators showed a better experience of care in terms of patients’ perceptions of care coordination; a reduction in hospital utilisation, particularly for patients with complex chronic conditions; and cost-containment in terms of per capita expenditure.Conclusion: There is a significant amount of data that shows that Bidasoa Integrated Health Organisation has progressed in terms of delivering integrated care for chronic conditions with a positive impact on several Triple Aim outcomes.

  2. Building integrated care systems: a case study of Bidasoa Integrated Health Organisation

    Directory of Open Access Journals (Sweden)

    Nuria Toro Polanco

    2015-06-01

    Full Text Available Introduction: This paper analyses the implementation of integrated care policies in the Basque Country through the deployment of an Integrated Health Organisation in Bidasoa area during the period 2011–2014. Structural, functional and clinical integration policies have been employed with the aim to deliver integrated and person-centred care for patients, especially for those living with chronic conditions. Methods: This organisational case study used multiple data sources and methods in a pragmatic and reflexive manner to build a picture of the organisational development over a 4-year period. In order to measure the progress of integration three concepts have been measured: (i readiness for chronicity measured with Assessment of Readiness for Chronicity in Healthcare Organisations tool; (ii collaboration between clinicians from different care levels measured with the D'Amour Questionnaire, and (iii overall impact of integration through several indicators based on the Triple Aim Framework. Results: The measurement of organisational readiness for chronicity showed improvements in five of the six areas under evaluation. Similarly the collaboration between professionals of different care levels showed a steady improvement in each of the 10 items. Furthermore, the Triple Aim-based indicators showed a better experience of care in terms of patients’ perceptions of care coordination; a reduction in hospital utilisation, particularly for patients with complex chronic conditions; and cost-containment in terms of per capita expenditure. Conclusion: There is a significant amount of data that shows that Bidasoa Integrated Health Organisation has progressed in terms of delivering integrated care for chronic conditions with a positive impact on several Triple Aim outcomes.

  3. CFSP – VACILLATING BETWEEN SUPRANATIONALISM AND INTERGOVERNMENTALISM?

    Directory of Open Access Journals (Sweden)

    Ligia Corduneanu

    2014-04-01

    Full Text Available The Common Foreign and Security Policy (CFSP of the European Union (EU faces an identity crisis to which the member states do not seem eager to put an end. Making incremental changes without defining the objectives will not rise the trust in the EU as a strong international actor. Thus, this paper aims to indicate the supranational and intergovernmental characteristics of the CFSP in order to highlight that the neofonctionalist model of governance has also shaped a policy area believed to belong exclusively to the member states’ power. The paper analyses the supranational and intergovernmental dimensions of the CFSP in order to provide a better understanding of how this policy is constructed.

  4. Commission for Energy regulation (CRE) - Activity report june 2008; Commission de regulation de l'energie (CRE) - Rapport d'activite juin 2008

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    CRE is the French commission for energy regulation. CRE's remit is to assist in ensuring the proper operation of the electricity and natural gas markets for the benefit of the end-user. In particular, CRE ensures that the conditions of access to electricity and natural gas transmission and distribution systems do not hinder the development of competition. It monitors, for the electricity and natural gas sectors, all transactions made between suppliers, traders and producers, all transactions made on the organised markets and cross-border trading. It ensures that suppliers, traders and producers propose offers that are consistent with their financial and technical constraints. It monitors the implementation of and compliance with regulations giving consumers the right to choose their supplier in a competitive market, and allowing new suppliers to enter the market. This document is the 2008 activity report of CRE. Content: A - How CRE works: CRE regulatory authority and organisation: Powers, Organisation; Budget resources; Personnel; B - The Standing Committee for Dispute Settlement and Sanctions (CoRDiS) activity: Admissibility, Authority; C - Building a single European energy market: Overview; Organisation and coordination of the main European regulators (Work carried out collectively by European regulators, Regulator organisation and development, CRE's relations with European Community institutions, Development of CEER activities outside the European Union); CRE's European activities (The contribution of European regulators to the Third Energy Package, Integration of gas markets, Integration of electricity markets, Operation of the European interconnected electricity grid and security of supply, Opening up markets to benefit consumers); European Community activities (The European Commission's proposals for the internal energy market: the Third Energy Package, The European Commission's proposals for fighting climate change: the Climate Package, Infringement

  5. Justice systems and ICT
    What can be learned from Europe?

    Directory of Open Access Journals (Sweden)

    Marco Velicogna

    2007-06-01

    Full Text Available The rapid development of information and communication technologies (ICT opens up new opportunities to significantly improve the administration of justice. The availability of web services, the use of electronic filing, the electronic exchange of legal documents, the possibility of on-line legislation and case law are only some examples that are spurring judicial administrations around the world to rethink their current functions and activities. ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, thus helping judiciaries to provide adequate services. As many empirical examples show, this is, however, not always the case. The interaction between technology and highly regulated organisations, such as courts, may often lead to unexpected results. Europe, with its different institutional settings and experiences, allows the exploration of a variety of solutions that can be implemented to support the administration of justice. Most importantly, it also provides the opportunities for a unique insight into the dynamics and problems that may characterize such experiences. This article seeks to provide an empirically derived account on the uses of ICT within the courts and for judicial data interchange. The article is based on data collected through several research projects by the Research Institute on Judicial Systems of the Italian National Research Council, in partnership with other European institutions, including Universities and Ministries of Justice.

  6. Jules Horowitz Reactor: Organisation for the Preparation of the Commissioning Phase and Normal Operation

    Energy Technology Data Exchange (ETDEWEB)

    Estrade, J.; Fabre, J. L.; Marcille, O. [French Alternative Energies end Atomic Energy Commission, Provence (France)

    2013-07-01

    The Jules Horowitz Reactor (JHR) is a new modern Material Testing Reactor (MTR) currently under construction at CEA Cadarache research centre in the south of France. It will be a major research facility in support to the development and the qualification of materials and fuels under irradiation with sizes and environment conditions relevant for nuclear power plants in order to optimise and demonstrate safe operations of existing power reactors as well as to support future reactors design. It will represent also an important research infrastructure for scientific studies dealing with material and fuel behaviour under irradiation. The JHR will contribute also to secure the production of radioisotope for medical application. This is a key public health stake. The construction of JHR which started in 2007 is going-on with target of commissioning by the end of 2017. The design of the reactor provides modern experimental capacity in support to R and D programs for the nuclear energy for the next 60 years. In parallel to the facility construction, the preparation of the future staff and of the organisation to operate the reactor safely, reliably and efficiently is an important issue. In this framework, many actions are in progress to elaborate: Ο the staffing and the organisational structure for the commissioning test phases and also for normal operation, Ο the documentation in support to the reactor operation (safety analysis report, general operating rules, procedures, instructions, ···), Ο the maintenance, in service and periodic test programs, Ο staff training programs by using dedicated facilities (simulator, ···) Ο commissioning test programs for ensuring that the layout of systems and subcomponents is completed in accordance with the design requirements, the specification performances and the safety criteria. These commissioning tests will also be helpful for transferring the knowledge on the installed systems to the operating group. This paper gives the

  7. Bacterial stigmergy: an organising principle of multicellular collective behaviours of bacteria.

    Science.gov (United States)

    Gloag, Erin S; Turnbull, Lynne; Whitchurch, Cynthia B

    2015-01-01

    The self-organisation of collective behaviours often manifests as dramatic patterns of emergent large-scale order. This is true for relatively "simple" entities such as microbial communities and robot "swarms," through to more complex self-organised systems such as those displayed by social insects, migrating herds, and many human activities. The principle of stigmergy describes those self-organised phenomena that emerge as a consequence of indirect communication between individuals of the group through the generation of persistent cues in the environment. Interestingly, despite numerous examples of multicellular behaviours of bacteria, the principle of stigmergy has yet to become an accepted theoretical framework that describes how bacterial collectives self-organise. Here we review some examples of multicellular bacterial behaviours in the context of stigmergy with the aim of bringing this powerful and elegant self-organisation principle to the attention of the microbial research community.

  8. Managing and organising collaborative improvement: a system integrator perspective

    NARCIS (Netherlands)

    Middel, H.G.A.; Fisscher, O.A.M.; Groen, Arend J.

    2007-01-01

    More than ever, companies are challenged to improve their performance and respond quickly and accurately to changes within the market. Because of external dynamics, competition is moving towards the level of networks of organisations, and thus the individual firm is an inadequate entity for

  9. Managing and organising collaborative improvement: A System Integrator perspective

    NARCIS (Netherlands)

    Middel, H.G.A.; Fisscher, O.A.M.; Groen, Arend J.

    2004-01-01

    More than ever, companies are challenged to improve their performance and respond quickly and accurately to changes within the market. Due to external dynamics competition is moving towards the level of networks of organisations, and, therefore, the individual firm is an inadequate entity for

  10. Describing the organisational culture of a selection of community pharmacies using a tool borrowed from social science.

    Science.gov (United States)

    Scahill, Shane; Harrison, Jeff; Carswell, Peter

    2010-02-01

    To describe the dimensions of organisational culture within a selection of community pharmacies. Community pharmacy in the New Zealand primary care sector which is partially government funded and currently undergoing major reform. Community pharmacy is under pressure to take on new roles, integrate within the wider primary care team and deliver the expectations of contemporary health policy. The mixed methods approach of concept mapping was undertaken with 10 representatives from six community pharmacies selected as case sites. The process was split into three parts (a) face to face brainstorming to generate statements describing culture, followed by (b) statement reduction, piloting and approval of statement list by participants, followed by (c) sorting the statements into 'like' groups. Multidimensional scaling analysis of participant sorting allows the development of discrete clusters of statements that describe aspects of organizational culture. A set of 105 statements were generated at the brainstorming meeting. Eight clusters of organisational culture resulted from participant sorting: leadership and staff management; valuing each other and the team; free thinking, fun and open to challenge; trusted behaviour; customer relations; focus on external integration; providing systematic advice; embracing innovation. Community pharmacy is under pressure to take on new roles and deliver and there is some evidence organisational culture of pharmacy may be a barrier. Our paper outlines the development of a survey instrument for describing organisational culture through Concept mapping, a tool borrowed from social sciences. This tool can be used for exploration of aspects of culture that may be important in the change management process for improving the effectiveness of community pharmacy as expected by contemporary primary health care policy.

  11. Revisiting Organisational Learning in Integrated Care.

    Science.gov (United States)

    Nuño-Solinís, Roberto

    2017-08-11

    Progress in health care integration is largely linked to changes in processes and ways of doing. These changes have knowledge management and learning implications. For this reason, the use of the concept of organisational learning is explored in the field of integrated care. There are very limited contributions that have connected the fields of organisational learning and care integration in a systematic way, both at the theoretical and empirical level. For this reason, hybridization of both perspectives still provides opportunities for understanding care integration initiatives from a research perspective as well as potential applications in health care management and planning.

  12. THE JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION TO DELIVER A CANCELLATION JUDGMENT REGARDING THE INTERNATIONAL AGREEMENTS TO WHICH THE EU IS PARTY

    Directory of Open Access Journals (Sweden)

    Roxana-Mariana POPESCU

    2016-06-01

    Full Text Available In the case where international agreements are treated as legal acts of EU institutions, they may be subject to judicial review exercised by the Court in Luxembourg. Given the fact that we assimilate international agreements to legal acts of the European Union, we would be tempted to ask ourselves the following questions: to what extent declaring an agreement, by a judgment of the Court of Justice of the EU delivered in the action for cancellation, as being inapplicable to the EU legal order, affects the security of international relationships? If these relationships are affected, is it possible to exclude the subsequent verification conducted by the Court? In the study below, our purpose is to find answer to these questions.

  13. Commission for Energy regulation (CRE) - Activity report june 2008

    International Nuclear Information System (INIS)

    2008-01-01

    CRE is the French commission for energy regulation. CRE's remit is to assist in ensuring the proper operation of the electricity and natural gas markets for the benefit of the end-user. In particular, CRE ensures that the conditions of access to electricity and natural gas transmission and distribution systems do not hinder the development of competition. It monitors, for the electricity and natural gas sectors, all transactions made between suppliers, traders and producers, all transactions made on the organised markets and cross-border trading. It ensures that suppliers, traders and producers propose offers that are consistent with their financial and technical constraints. It monitors the implementation of and compliance with regulations giving consumers the right to choose their supplier in a competitive market, and allowing new suppliers to enter the market. This document is the 2008 activity report of CRE. Content: A - How CRE works: CRE regulatory authority and organisation: Powers, Organisation; Budget resources; Personnel; B - The Standing Committee for Dispute Settlement and Sanctions (CoRDiS) activity: Admissibility, Authority; C - Building a single European energy market: Overview; Organisation and coordination of the main European regulators (Work carried out collectively by European regulators, Regulator organisation and development, CRE's relations with European Community institutions, Development of CEER activities outside the European Union); CRE's European activities (The contribution of European regulators to the Third Energy Package, Integration of gas markets, Integration of electricity markets, Operation of the European interconnected electricity grid and security of supply, Opening up markets to benefit consumers); European Community activities (The European Commission's proposals for the internal energy market: the Third Energy Package, The European Commission's proposals for fighting climate change: the Climate Package, Infringement

  14. Relationships "de Confianza" and the Organisation of Collective Social Action

    Science.gov (United States)

    Teeters, Leah A.; Jurow, A. Susan

    2018-01-01

    This article examines the social and cultural organisation of learning and community change in a largely new immigrant and under-resourced neighbourhood in the US. Situating our investigation within a local social movement for food justice, we use an ethnographic lens to study how learning is made to become consequential across relationships…

  15. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    Science.gov (United States)

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2012-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes. PMID:23397430

  16. Commission for Energy regulation (CRE) - Activity report june 2008; Commission de regulation de l'energie (CRE) - Rapport d'activite juin 2008

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    CRE is the French commission for energy regulation. CRE's remit is to assist in ensuring the proper operation of the electricity and natural gas markets for the benefit of the end-user. In particular, CRE ensures that the conditions of access to electricity and natural gas transmission and distribution systems do not hinder the development of competition. It monitors, for the electricity and natural gas sectors, all transactions made between suppliers, traders and producers, all transactions made on the organised markets and cross-border trading. It ensures that suppliers, traders and producers propose offers that are consistent with their financial and technical constraints. It monitors the implementation of and compliance with regulations giving consumers the right to choose their supplier in a competitive market, and allowing new suppliers to enter the market. This document is the 2008 activity report of CRE. Content: A - How CRE works: CRE regulatory authority and organisation: Powers, Organisation; Budget resources; Personnel; B - The Standing Committee for Dispute Settlement and Sanctions (CoRDiS) activity: Admissibility, Authority; C - Building a single European energy market: Overview; Organisation and coordination of the main European regulators (Work carried out collectively by European regulators, Regulator organisation and development, CRE's relations with European Community institutions, Development of CEER activities outside the European Union); CRE's European activities (The contribution of European regulators to the Third Energy Package, Integration of gas markets, Integration of electricity markets, Operation of the European interconnected electricity grid and security of supply, Opening up markets to benefit consumers); European Community activities (The European Commission's proposals for the internal energy market: the Third Energy Package, The European Commission's proposals for fighting climate change: the Climate

  17. Co-workers' Justice Judgments, own Justice Judgments and Employee Commitment: A multi-foci approach

    Directory of Open Access Journals (Sweden)

    Florence Stinglhamber

    2008-06-01

    Full Text Available Using a sample of 212 employees, we conducted a study to examine whether employees use their co-workers' fairness perceptions to generate their own justice judgments and to develop their subsequent affective commitment. The conceptual framework used to investigate these linkages is social exchange theory combined with a multiple foci approach. Results of the structural equation modeling analyses revealed that co-workers' procedural justice judgments strengthened employee's own procedural justice judgments, which in turn influenced their affective commitment to the organisation. Similarly, co-workers' interactional justice judgments increased employee's own interactional justice judgments, which in turn impacted on their affective commitment to both the supervisor and the organisation. As a whole, findings suggest that coworkers' justice judgments strengthened employee's affective attachments toward the justice sources by reinforcing employee's own justice perceptions.

  18. West African Power Pool: Planning and Prospects for Renewable Energy

    Energy Technology Data Exchange (ETDEWEB)

    Miketa, Asami [IRENA, Bonn (Germany); Merven, Bruno [Energy Research Centre, Univ. of Cape Town (South Africa)

    2013-06-25

    With the energy systems of many African countries dominated by fossil-fuel sources that are vulnerable to global price volatility, regional and intra-continental power systems with high shares of renewable energy can provide least-cost option to support continued economic growth and address the continent’s acute energy access problem. Unlocking Africa’s huge renewable energy potential could help to take many people out of poverty, while ensuring the uptake of sustainable technologies for the continent’s long-term development. The report examines a ''renewable scenario'' based on a modelling tool developed by IRENA and tested with assistance from the Economic Community of West African States (ECOWAS). Initial results from the ECOWAS Renewable Energy Planning (EREP) model for continental ECOWAS countries show that the share of renewable technologies in the region could increase from the current 22% of electricity generation to as much as 52% in 2030, provided that the cost of these technologies continues to fall and fossil fuel prices continue to rise. In this scenario, nearly half of the envisaged capacity additions between 2010 and 2030 would be with renewable technologies. Analysis using EREP – along with a similar model developed for Southern Africa – can provide valuable input for regional dialogue and energy projects such as the East and Southern Africa Clean Energy Corridor and the Programme for Infrastructure and Development in Africa (PIDA). IRENA, together with partner organisations, has started plans to set up capacity building and development support for energy system modelling and planning for greater integration of renewables in Africa. IRENA is also completing a similar model and study for East Africa and intends to extend this work to Central and North Africa.

  19. THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Inmaculada HERBOSA MARTÍNEZ

    2016-05-01

    Full Text Available This paper focuses on the interpretation of the European Court of Justice concerning substantive aspects of the Directive 85/374/ECC of July25, 1985, on liability for defective products. Therefore, this work will deal with the interpretation of some aspects regarding the essence of products liability: The concept of defect and the extent of damage covered by this liability. In addition, a number of issues needing of interpretation are analysed, such as: The meaning of putting a product into circulation, the right to information of the consumer in order to prove the causation of damage, and finally the problems that arise in cases where the producer is exempt from liability.

  20. Technology delivery and Dissemination Through Community-Based Organisations

    International Nuclear Information System (INIS)

    Bukachi, S.

    2002-01-01

    Utilisation of existing community groups, which already have their agenda and organisational structure, is one of the ways of ensuring sustainability of tsetse and trypanosomiasis control programs. The aim of this study was to assess and document the organisational structures and capacity of the identified groups in Busia with view to using them as entry and dispersal points for tsetse technology transfer. focus groups discussions and key informant interview were held with members of the organisations dealing in livestock/related activities to find out the historical profiles, goals and missions,compositions of the groups and their impact on the community. Qualitative approach was used in describing and discussing the data collected. Findings reveal that most organisations were formed to uplift the socio-economic status of members and as a result, engage in various activities to generate income for group. The common methods of tsetse control used by some of the groups were, bush clearing, use of impregnated nets (for the zero grazing units), use of drugs, spraying and pour-on. Groups that were internally initiated seemed to be more active and sustainable than groups that were externally initiated. On average, the groups reported that they were in position to reach between 100 and 1000 people in the community per day. Thus, these groups can be resourceful in terms of technology/information dissemination since they have a good linkage with the community. Such organisations can be used as channels to disseminate livestock research outputs to the wider community

  1. Judgement of the Court of Justice of the EU in respect to the law on excise duty on nuclear fuel. Only the first act of the drama?

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2015-01-01

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June 2015. The German Hamburg Finance Court had doubted whether the country's Nuclear Fuel Tax Act was compatible with European law. In the context of an action lodged by a nuclear power plant operator against this tax, the court had suspended the legal action and submitted various legal questions to the ECJ. The decision now taken by the ECJ is not really surprising considering that in his opinion, in February, the Advocate General had already argued that the tax was compatible. The Federal Constitutional Court must now decide whether the German concept of excise duty is to be interpreted in accordance with the EU directive issued to harmonise these very taxes or whether there is some flexibility allowing a different decision.

  2. Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

    Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

  3. Military Justice Study Guide

    Science.gov (United States)

    1990-07-01

    statute within the military system, persons unfamiliar with the military justice system may find the procedure something of a paradox at first blush...Manual for Courts-Martial) Is RM Nemitafinuestlitimelf.(er- V. GRAD*: c. ORGANIZATION dDT FRPR ast eiRO t: fII) EPR LCDR/ Naval Justice School

  4. “We Have No Influence”: International Discourse and the Instrumentalisation of Transitional Justice in Burundi

    Directory of Open Access Journals (Sweden)

    David Taylor

    2013-09-01

    Full Text Available Burundi may soon reach yet another crossroads in its tumultuous history and on its path towards transitional justice. A contentious draft law for a Truth and Reconciliation Commission awaits approval by the country’s National Assembly, which has raised a number of concerns about the independence of the eventual commission, the likelihood of popular participation in the process and the prospects for criminal justice. But as this practice note seeks to demonstrate, the international community in Burundi may in fact be contributing to the instrumentalisation of the process. The note highlights how the discourse of the international community may partially facilitate a certain duplicity among influential figures within the current government, particularly with respect to compliance with stipulations under the 2000 Arusha Peace Agreement. Two common rationalisations in particular are explained that have seemingly emerged among the international community with respect to transitional justice and that are at the heart of this instrumentalisation: outside imposition and a lack of influence. The note argues that since transitional justice can no longer be regarded as an apolitical process, international actors must be more cognisant of their actions and discourse with a view to ensuring credible transitional justice processes in contexts like Burundi.

  5. Learning to listen to the organisational rhetoric of primary health and social care integration.

    Science.gov (United States)

    Warne, T; McAndrew, S; King, M; Holland, K

    2007-11-01

    The sustained modernisation of the UK primary health care service has resulted in individuals and organisations having to develop more integrated ways of working. This has resulted in changes to the structure and functioning of primary care organisations, changes to the traditional workforce, and an increase in scope of primary care practice. These changes have contributed to what for many staff has become a constantly turbulent organisational and practice environment. Data from a three-year project, commissioned by the North West Development Agency is used to explore how staff involved in these changes dealt with this turbulence. Three hundred and fifty staff working within primary care participated in the study. A multimethods approach was used which facilitated an iterative analysis and data collection process. Thematic analysis revealed a high degree of congruence between the perceptions of all staff groups with evidence of a generally well-articulated, but often rhetorical view of the organisational and professional factors involved in how these changes were experienced. This rhetoric was used by individuals as a way of containing both the good and bad elements of their experience. This paper discusses how these defense mechanisms need to be recognised and understood by managers so that a more supportive organisational culture is developed.

  6. Applying OR to problem situations within community organisations

    DEFF Research Database (Denmark)

    Tavella, Elena; Papadopoulos, Thanos

    2017-01-01

    This paper focuses on how the use of Community OR (COR), specifically Systems Thinking (ST) and the Viable System Model (VSM) can help in addressing complex and uncertain problem situations within community organisations, in particular Alternative Food Networks (AFNs). Literature has highlighted...... within a member-driven food cooperative in Copenhagen, Denmark, and the changes in decision making and the organisational structure of the cooperative. We illustrate the application of the VSM and in particular the methodology for organisational self-transformation within ‘localist green communitarianism......’ and ‘nonprofit management’ to tackle issues, enhance democratic and participative decision making, and changes in the organisational structure that foster coordination and cohesion. The implications for COR and Soft OR, limitations and future research directions are also provided....

  7. The Court of Justice and The Data Retention Directive in Digital Rights Ireland: Telling Off The EU Legislator and Teaching a Lesson in Privacy and Data Protection

    NARCIS (Netherlands)

    Granger, M.-P.; Irion, K.

    2014-01-01

    In Digital Rights Ireland, the Court of Justice invalidated the 2006 Data Retention Directive, which required private providers to retain for a considerable period electronic communication metadata for law enforcement purposes. In this landmark ruling, the EU judiciary introduced a strict scrutiny

  8. The impact of criminal justice involvement on victims' mental health.

    Science.gov (United States)

    Parsons, Jim; Bergin, Tiffany

    2010-04-01

    The aftermath of violent crime can leave victims with persistent emotional and mental health problems. Although research has shown the potential benefits of prosecuting cases through the courts, there is also a substantial literature that suggests that common features of the criminal justice system can exacerbate the impact of the initial crime, leading to a secondary victimization. The authors present a review of the research on the positive and negative impact of criminal justice involvement, and common points of failure in the efforts of justice institutions to meet the needs of victims. They conclude with recommendations for future work, including the need for research on restorative justice, victim impact statements, court notification systems, victim services, and victim advocates.

  9. Taking on the gender challenge in organisations: what does it take?

    Science.gov (United States)

    Henry, Sarah K; Sandler, Joanne; Passerini, Luca; Darmstadt, Gary L

    2017-07-01

    Clear patterns emerged and are summarised on conditions for success in integrating a gender equality perspective across organisational programmes and culture. In short, organisations should consider five key 'ingredients' when designing their approach to integrating a gender equality perspective: (1) have a clear vision of success with measurable indicators; (2) have high-level, consistent, visible support; (3) take an intentional approach deeply rooted in the organisational culture and competencies; (4) ensure accountability at all levels and (5) invest both financial and technical resources. A vibrant community exists in virtually every region of the world of highly experienced gender equality experts that can support organisations on this path. Late adopters of integrating a gender equality perspective can benefit from decades of practice and a robust evidence base which has shifted focus among development organisations from asking 'why' addressing gender inequalities is important to learning 'how' to most effectively do this in programmes, policies, research and organisational culture while building a strong results framework.

  10. Regional integrated system of separated collection

    International Nuclear Information System (INIS)

    Markuskova, I.

    2008-01-01

    Since 2002 Palarikovo manages and ensures Regional integrated system of separated collection. In the present time 28 villages of the region are associated in Association of villages for sustainable treatment of municipal wastes with settlement in Palarikovo. In accordance with hierarchy of goals of national strategy in the field of treatment of municipal wastes the key aims of activity are centred on economical and sustainable treatment of municipal wastes, which consist in reduction of quantity and harmfulness of municipal wastes by destruction by unloading or combustion. The steps for achievement of this aim consist in (1) prevention of formation of wastes, (2) using of usable subjects (establishing of centre for repeated using in Regional collecting court), (3) by rigorous realisation of recycling program - by collection of separated commodities with a view to mainly material recycling as well as composting program. By starting of integrated regional system of separated collection were integrated 18 villages with 24,000 inhabitants into common separated collection. In the present time this association has 28 members (villages of the region) with total population 55,904. Operating of the Regional integrated system of separated collection in Palarikovo is reviewed

  11. The design of a medical school social justice curriculum.

    Science.gov (United States)

    Coria, Alexandra; McKelvey, T Greg; Charlton, Paul; Woodworth, Michael; Lahey, Timothy

    2013-10-01

    The acquisition of skills to recognize and redress adverse social determinants of disease is an important component of undergraduate medical education. In this article, the authors justify and define "social justice curriculum" and then describe the medical school social justice curriculum designed by the multidisciplinary Social Justice Vertical Integration Group (SJVIG) at the Geisel School of Medicine at Dartmouth. The SJVIG addressed five goals: (1) to define core competencies in social justice education, (2) to identify key topics that a social justice curriculum should cover, (3) to assess social justice curricula at other institutions, (4) to catalog institutionally affiliated community outreach sites at which teaching could be paired with hands-on service work, and (5) to provide examples of the integration of social justice teaching into the core (i.e., basic science) curriculum. The SJVIG felt a social justice curriculum should cover the scope of health disparities, reasons to address health disparities, and means of addressing these disparities. The group recommended competency-based student evaluations and advocated assessing the impact of medical students' social justice work on communities. The group identified the use of class discussion of physicians' obligation to participate in social justice work as an educational tool, and they emphasized the importance of a mandatory, longitudinal, immersive, mentored community outreach practicum. Faculty and administrators are implementing these changes as part of an overall curriculum redesign (2012-2015). A well-designed medical school social justice curriculum should improve student recognition and rectification of adverse social determinants of disease.

  12. Perceptions of justice and extra-role behaviours of survivors after organisational restructuring at a consolidated bank in Nigeria

    Directory of Open Access Journals (Sweden)

    Queen Omoruyi

    2011-07-01

    Research purpose: The main objective of this study was to evaluate the relationship between employees’ perceptions of justice and their organisational citizenship behaviour (OCB after organisations downsize. Motivation for the study: Many organisations that are downsizing do not seriously consider the unintended consequences of downsizing on the behaviour of survivors. This study intends to draw the attention of organisations that are downsizing to this oversight. Research design, approach and method: The researchers used a quantitative research design and survey method for the study. They distributed a self-administered questionnaire to 130 employees from a population of 180 survivors at the head office of a commercial bank that recently downsized in Lagos, Nigeria. Main findings: The research results showed that there was no fairness in the downsizing exercise. This resulted in low morale amongst survivors and unwillingness to engage in extra- role behaviours. Practical/managerial implications: It is important for organisations that are downsizing to use a participative approach in order to achieve organisational efficiency and improve productivity after restructuring. Contribution/value-added: The results of the study will give the managers of organisations, which are planning to downsize, a useful insight into how to plan the exercise, how to implement the plans, and how to manage the employees they will retrench and those they will retain after concluding the downsizing exercise.

  13. Reviewing the National Courts in Creating Orderly International Law and Community

    Directory of Open Access Journals (Sweden)

    Johanis Leatemia

    2017-08-01

    Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

  14. Order of 21 October 1988 withdrawing the licence for the release of liquid radioactive effluents by the Cattenom nuclear production centre (units 1 and 2)

    International Nuclear Information System (INIS)

    1988-01-01

    The Court of Justice of the European Communities decided on 22 September 1988 that the Commission of the European Communities had to be notified and give its opinion before the competent authorities of Member States authorised the release of radioactive effluents from a nuclear installation. In compliance with that judgment, this Order repeals an Order of 21 February 1986 licensing such release (NEA) [fr

  15. 8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

    Science.gov (United States)

    2010-01-01

    ... Immigration Court. 1003.23 Section 1003.23 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.23 Reopening or reconsideration before the Immigration Court. (a) Pre-decision motions...

  16. 8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... Immigration Courts. 1003.46 Section 1003.46 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. In any...

  17. Prabowo and the shortcomings of international justice

    DEFF Research Database (Denmark)

    Tan, Nikolas Feith

    2015-01-01

    under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

  18. THE GENESIS OF CONCEPTS OF INSTITUALIZATION OF THE EU REGIONAL FINANCIAL INTEGRATION

    Directory of Open Access Journals (Sweden)

    Y. Poshtar

    2013-05-01

    Full Text Available The article deals with an analysis of modern theories and conceptions of monetary and financial integration in the EU. Main characteristics of the development of supranational regulation over financial markets were provided. Moreover, contemporary tendencies and perspectives of economic convergence development were defined as well.

  19. Inter-municipal communities as semi-regional (quasi governments

    Directory of Open Access Journals (Sweden)

    Golić Darko

    2014-01-01

    Full Text Available In this paper, the author discusses specific forms of integrated inter-municipal cooperation in some European countries which have certain characteristics of regional governments. Relying on the analysis of different forms of this inter-municipal cooperation, the author elaborates on some common features underlying these communities, with specific reference to their functional aspects. Bearing in mind that the imminent needs for regional planning, coordination of local policies and operation of regional offices are exercised through different institutional solutions, we point out that it is possible to provide an appropriate institutional and decentralized framework for accomplishing these goals even without changing the existing territorial organization system. Although the entities that are created through these specific forms of inter-municipal cooperation cannot be designated as territorial-political units in institutional terms, this is what they are from a functional point of view.

  20. Hierarchical Model for the Similarity Measurement of a Complex Holed-Region Entity Scene

    Directory of Open Access Journals (Sweden)

    Zhanlong Chen

    2017-11-01

    Full Text Available Complex multi-holed-region entity scenes (i.e., sets of random region with holes are common in spatial database systems, spatial query languages, and the Geographic Information System (GIS. A multi-holed-region (region with an arbitrary number of holes is an abstraction of the real world that primarily represents geographic objects that have more than one interior boundary, such as areas that contain several lakes or lakes that contain islands. When the similarity of the two complex holed-region entity scenes is measured, the number of regions in the scenes and the number of holes in the regions are usually different between the two scenes, which complicates the matching relationships of holed-regions and holes. The aim of this research is to develop several holed-region similarity metrics and propose a hierarchical model to measure comprehensively the similarity between two complex holed-region entity scenes. The procedure first divides a complex entity scene into three layers: a complex scene, a micro-spatial-scene, and a simple entity (hole. The relationships between the adjacent layers are considered to be sets of relationships, and each level of similarity measurements is nested with the adjacent one. Next, entity matching is performed from top to bottom, while the similarity results are calculated from local to global. In addition, we utilize position graphs to describe the distribution of the holed-regions and subsequently describe the directions between the holes using a feature matrix. A case study that uses the Great Lakes in North America in 1986 and 2015 as experimental data illustrates the entire similarity measurement process between two complex holed-region entity scenes. The experimental results show that the hierarchical model accounts for the relationships of the different layers in the entire complex holed-region entity scene. The model can effectively calculate the similarity of complex holed-region entity scenes, even if the

  1. Juvenile Justice

    OpenAIRE

    International Child Development Centre

    1998-01-01

    The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter-productive involvement with the formal justice system. It also covers prevention questions. Like previous publications in the series, it contains practical ...

  2. Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

    National Research Council Canada - National Science Library

    Rutkus, Denis S

    2007-01-01

    .... Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President...

  3. Temporal Feature Integration for Music Organisation

    DEFF Research Database (Denmark)

    Meng, Anders

    2006-01-01

    This Ph.D. thesis focuses on temporal feature integration for music organisation. Temporal feature integration is the process of combining all the feature vectors of a given time-frame into a single new feature vector in order to capture relevant information in the frame. Several existing methods...... for handling sequences of features are formulated in the temporal feature integration framework. Two datasets for music genre classification have been considered as valid test-beds for music organisation. Human evaluations of these, have been obtained to access the subjectivity on the datasets. Temporal...... ranking' approach is proposed for ranking the short-time features at larger time-scales according to their discriminative power in a music genre classification task. The multivariate AR (MAR) model has been proposed for temporal feature integration. It effectively models local dynamical structure...

  4. The Influence of Globalization, Integration and Regionalization Processes on the European States and Regions

    Directory of Open Access Journals (Sweden)

    T V Bazarenko

    2013-12-01

    Full Text Available The article deals with the impact of globalization, regionalization and integration in European countries and regions. It discusses the distinctive features and factors of influence of each of these processes on the European countries and sub national entities.

  5. Value Co-creation and Co-innovation: Linking Networked Organisations and Customer Communities

    Science.gov (United States)

    Romero, David; Molina, Arturo

    Strategic networks such as Collaborative Networked Organisations (CNOs) and Virtual Customer Communities (VCCs) show a high potential as drivers of value co-creation and collaborative innovation in today’s Networking Era. Both look at the network structures as a source of jointly value creation and open innovation through access to new skills, knowledge, markets and technologies by sharing risk and integrating complementary competencies. This collaborative endeavour has proven to be able to enhance the adaptability and flexibility of CNOs and VCCs value creating systems in order to react in response to external drivers such as collaborative (business) opportunities. This paper presents a reference framework for creating interface networks, also known as ‘experience-centric networks’, as enablers for linking networked organisations and customer communities in order to support the establishment of user-driven and collaborative innovation networks.

  6. Social justice and the university community: does campus involvement make a difference?

    Science.gov (United States)

    McAuliff, Kathleen E; Williams, Shannon M; Ferrari, Joseph R

    2013-01-01

    We examined perceptions on school sense of community and social justice attitudes among undergraduates (N = 427; 308 women, 115 men; M age = 19.72, SD = 1.91), and how year in school and club membership affected these constructs. Results demonstrated that involvement with a greater number of clubs was associated with having a stronger school sense of community and more positive social justice attitudes. Multiple regression analyses demonstrated that year in school did not significantly predict social justice attitudes. Results suggested that greater involvement and sense of school belonging might be linked to social justice attitudes.

  7. Does gender matter? Exploring mental health recovery court legal and health outcomes.

    Science.gov (United States)

    Kothari, Catherine L; Butkiewicz, Robert; Williams, Emily R; Jacobson, Caron; Morse, Diane S; Cerulli, Catherine

    2014-12-05

    Based upon therapeutic justice principles, mental health courts use legal leverage to improve access and compliance to treatment for defendants who are mentally ill. Justice-involved women have a higher prevalence of mental illness than men, and it plays a greater role in their criminal behavior. Despite this, studies examining whether women respond differently than men to mental health courts are lacking. Study goals were to examine gender-related differences in mental health court participation, and in criminal justice, psychiatric and health-related outcomes. This study utilized a quasi-experimental pre-posttest design without a control group. The data were abstracted from administrative records of Kalamazoo Community Mental Health and Substance Abuse agency, the county jail and both county hospitals, 2008 through 2011. Generalized estimating equation regression was used to assess gender-differences in pre-post program outcomes (jail days, psychiatric and medical hospitalization days, emergency department visits) for the 30 women and 63 men with a final mental health court disposition. Program-eligible females were more likely than males to become enrolled in mental health court. Otherwise they were similar on all measured program-participation characteristics: treatment compliance, WRAP participation and graduation rate. All participants showed significant reductions in emergency department visits, but women-completers had significantly steeper drops than males: from 6.7 emergency department visits to 1.3 for women, and from 4.1 to 2.4 for men. A similar gender pattern emerged with medical-hospitalization-days: from 2.2 medical hospital days down to 0.1 for women, and from 0.9 days up to 1.8 for men. While women had fewer psychiatric hospitalization days than men regardless of program involvement (2.5 and 4.6, respectively), both genders experienced fewer days after MHRC compared to before. Women and men showed equal gains from successful program completion in

  8. Court of Justice of the European Communities ruling of September 22, 1988 - Rs 187/87: Radioactive effluents, EURATOM, Court of Justice of the EC - ruling concerning Art. 37 EURATOM Treaty (EAGV), nuclear power plants, member states - duties according to Art. 37 EAGV, radioactive effluents - approval of a plan of discharge according to Art. 37 EAGV, decision of the Commission concerning Art. 37 EAGV

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

    Headnote: Article 37 of the treaty of March 25, 1957, establishing the European Atomic Energy Community (EURATOM) is to be interpreted as follows: General information regarding a plan for the discharge of radioactive material must be submitted to the Commission of the European Communities prior to the approval of such discharges by the authorities in charge in the respective member country. (orig./HP) [de

  9. Performance-Based Budgeting and Management of Judicial Courts in France: an Assessment

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

    Full Text Available The efficiency of civil justice has become a central issue in several communities, including national states that have undertaken to reform their civil procedures rules and/or to implement methods of case management (such as the USA and United Kingdomand international organizations such as the Council of Europe and the World Bank. Of course, there has always also been interest on the part of legal academics and judicial/court administration professionals.Court systems have two aspects: on one side, as public institutions, their funding, the recruitment of judges and clerks and employees, the procedural rules they must comply with, are determined by the state. On the other side, as organizations producing dispute resolution services, their operation and management are borne by the chiefs of courts. The importance of capacity management of the former, who are most often judges, is now acknowledged by most specialists, even if the compatibility between legal rationality and managerial rationality is questioned by some of them. This article seeks to explain the situation of French courts, focusing on court administration that can not be addressed without taking account of the broader framework of State policy concerning most specifically the budget-setting process which has undergone recent radical reforms.

  10. Community empowerment needs in the struggle for environmental justice

    Energy Technology Data Exchange (ETDEWEB)

    Smith, D.

    1995-12-01

    The paper addresses the specific empowerment needs of communities and workers fighting for environmental justice. Thousands of people of color and poor communities throughout the United States are victimized by policies and practices of environmental racism which resulted in the disproportionate burden of exposure to environmental contamination where they live, work and play. Powerful interests who own and operate polluting industries and waste disposal facilities prey on poor, low income and non-white communities because they view them as areas of least resistance and {open_quotes}sacrifice zones.{close_quotes} Leaders and members of organizations from communities threatened or already devastated by contamination are waging determined, courageous and heroic struggles against giant corporate polluters. In many instances, the leaders and members of these grassroots environmental groups are literally sick and dying from contamination as they seek to organize for clean, safe and healthy communities. A key issue for communities and workers fighting for environmental justice is realizing true empowerment. Communities and workers must develop empowerment and capacity building skills in the areas of community and labor organizing; media relations and public education; legal advocacy; legislative and regulatory tracking; lobbying; health monitoring and health services; research; scientific technical needs (eg. air, water and soil testing); fundraising and economic sustainable development; institutional and organizational development; voter education and electoral politics; and youth and adult leadership training. When these empowerment skills are combined with a clear vision of justice for the future, communities will be able to fight cooporations armed with high-powered lawyers, lobbyists, public relations firms and bought-off politicians.

  11. Administrative court control in taxation matters

    OpenAIRE

    Nataša Zunić Kovačević

    2016-01-01

    Starting with the current organisation of administrative court control in taxation matters, this paper, after a brief overview of the normative legal framework of control in such matters, provides an analysis of certain indicators of administrative and administrative court control implementation in taxation matters. The experience of the application of administrative control in taxation matters and an analysis of accessible indicators of recent administrative court control in taxation matters...

  12. Towards the adoption of e-justice in South Africa and the developing ...

    African Journals Online (AJOL)

    In spite of the technological boom and the desire to develop electronic filing in ... court system, which is mainly a result of poor handling of court documents and ... the rationale for employing e-justice in court system knowledge management.

  13. Retributive and restorative justice.

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G; Feather, Norman T; Platow, Michael J

    2008-10-01

    The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties' construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.

  14. The Challenge of Collaboration – ICT Implementation Networks in Courts in The Netherlands

    Directory of Open Access Journals (Sweden)

    Florian HENNING

    2009-12-01

    Full Text Available Increasingly, public sector organisations are adopting Information and Communication Technologies (ICT in order to improve their operations, a tendency that is commonly referred to as “e-government”. However, e-government also comes with some major challenges for public administrators in introducing and managing those e-services, because they are usually located at the nexus of technological innovation and organisational and institutional change. In order to achieve the expected benefits from ICT in public organisations, work processes need to be re-engineered, whilst responsibilities and authority locations are shifting. A particular challenge in this respect is the trend towards e-services that cut across traditional organisational boundaries and integrate information flows between a number of different organisational actors with complex settings of strongly divergent backgrounds, practices and interests. Good examples of this, and the focus of this paper, are e-services in the judiciary (“e-justice”. In this paper, we address the issue of mediation required to motivate actors for collaboration in joint e-justice services. Our main research question therefore is: What is the role of legal frameworks for mediation and legitimization of collaborative implementation in inter-organisational e-justice projects? We will address this question by means of a case study analysis on judicial videoconferencing in the Netherlands, a project called “Telehoren en Telepleiten” (THTP.

  15. the right to GOOD ADMINISTRATION IN THE Court of Justice of the EUROPEAN Union CASE LAW

    Directory of Open Access Journals (Sweden)

    Elisabeta SLABU

    2017-06-01

    Full Text Available The provisions of the Lisbon Treaty highlight that, at present, the Union has as objectives, not only an unitary economic development, but also strengthening the observance of peoples' fundamental rights, hence, implicitly, the right to good administration. The Court of Justice of the European Union has analyzed over time, in its decisions, the emergence and development of the good administration principle, its fundamental elements, and impossibility of framing it clearly in a definition, and, not least, turning the principle of good administration into a fundamental right through the Charter of Fundamental Rights of the European Union. At European level, citizens of the EU member states, but also those from third countries thus benefit from a right to good administration in the relations with European Union institutions and bodies, according to Article 41 of the Charter of Fundamental Rights of the European Union. The same should be the proceeding at internal level. Each Member State of the European Union should concern itself about identifying and promoting the most adequate measures for ensuring good governance and good administration. By identifying and applying at national level the principles governing the public administration activity at European level can be created the requisites for a national public administration that is transparent and efficient, close to the needs and interests of its citizens and that could be considered an integral part of the European public administration.

  16. Proceedings of 16th Forum: Energy Day in Croatia: Energy Future in the Light of the Relations and Integration Processes in Europe

    International Nuclear Information System (INIS)

    Granic, G.; Jelavic, B.

    2007-01-01

    The 16th Forum discussed the following topics: possible scenarios of development of political, economic and energy relations; technological development in the production, transmission, distribution and consumption of energy; renewable energy sources and energy efficiency and scientific, technological, organisational and economic challenges; climate change and greenhouse gases emission reduction; objectives, possibilities and effects; reform of energy sector in the context of institutional, legislative, organisational, and ownership needs and changes in the EU, country members of the Energy Community, Russia and other countries; relations EU - Russia; politics, interests and possible solutions; supranational energy projects; problems and possible solutions

  17. The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

    The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

  18. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  19. 76 FR 12082 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

    Science.gov (United States)

    2011-03-04

    ... the Court. (b) Any violation of this rule will be deemed a contempt of this Court and, after due... rule will be deemed a contempt of this Court and, after due notice and hearing, may be punished... Article 48, Uniform Code of Military Justice, to give express contempt power to the United States Court of...

  20. Exchange of information in the field of direct taxation in the European Union Law and in the practice of the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Cvjetković Cvjetana

    2014-01-01

    Full Text Available This paper is dedicated to one form of mutual assistance in tax matters in the field of direct taxation - the exchange of information which in terms of the functioning of the single market of the European Union is gaining more importance. This paper also presents new solutions of Directive 2011/16/EU. Special attention in this paper is focused on the practice of the European Court of Justice in the area of the exchange of information.

  1. Will E-Justice still be Justice? Principles of a Fair Electronic Trial

    Directory of Open Access Journals (Sweden)

    Ronald van den Hoogen

    2008-01-01

    Full Text Available In the years to come, our Judiciary will change drastically as a result of the possibilities of information technology. Current legal procedure, which is still dominated by paper documents, human activities and written communication, will become increasingly digitized or supported by technical applications. As a result, the administration of justice will become faster, more efficient and more effective. As electronic litigation or E-Justice becomes a reality, there will be many changes. Citizens, companies, lawyers and other legal professionals involved in the judicial process will be able to bring their cases to the court via an Internet portal. Video conferencing, which is already available, will increasingly make it possible to hear witnesses, suspects and legal experts without having to bring them to the courtroom. Courts rulings will be signed, sent and published through the use of electronic signatures, XML and web services.

  2. The Legal Investigation Peculiarities in RF Constitutional Court

    Directory of Open Access Journals (Sweden)

    Natal'ya V. Lebedeva

    2012-11-01

    Full Text Available The article features the legal proceedings between Federal Bodies, Entities of Russian Federation, and supreme bodies of RF entities which are both of theoretical and practical interests to powers of RF Constitutional Court.

  3. Capacity of Community-Based Organisations to disseminate ...

    African Journals Online (AJOL)

    Objective: To assess the capacity of established community based organisations (CBOs) to disseminate information on sleeping sickness control. Design: Participatory interview process administered to randomly selected CBOs in a tsetse and trypanosomosis endemic area. Setting: Busia district, Western, Kenya. Results: ...

  4. Finding the community in sustainable online community engagement: Not-for-profit organisation websites, service-learning and research

    Directory of Open Access Journals (Sweden)

    Alice Dodd

    2017-06-01

    Full Text Available This article explores the use of action research (2008–2014 based on a case study of the Sustainable Online Community Engagement (SOCE Project, a service-learning project in which University of South Australia students build websites for not-for-profit (NFP organisations, to demonstrate that effective teaching, public service and research are interdependent. A significant problem experienced in the SOCE project was that, despite some training and ongoing assistance, the community organisations reported that they found it difficult to make effective use of their websites. One of the proposed solutions was to develop an online community of the participating organisations that would be self-supporting, member-driven and collaborative, and enable the organisations to share information about web-based technology. The research reported here explored the usefulness of developing such an online community for the organisations involved and sought alternative ways to assist the organisations to maintain an effective and sustainable web presence. The research used a three-phase ethnographic action research approach. The first phase was a content analysis and review of the editing records of 135 organisational websites hosted by the SOCE project. The second phase was an online survey sent to 145 community organisation members responsible for the management of these websites, resulting in 48 responses. The third phase consisted of semi-structured, in-depth interviews with 18 of the website managers from 12 of these organisations. The research revealed the extent to which organisations were unable to manage their websites and found that the proposed solution of an online community would not be useful. More importantly, it suggested other useful strategies which have been implemented. In Furco’s (2010 model of the engaged campus, public engagement can be used to advance the public service, teaching and research components of higher education’s tripartite

  5. Editorial International Criminal Justice, Peace and Reconciliation in ...

    African Journals Online (AJOL)

    conference in July 2014 on the theme 'International Criminal Justice,. Reconciliation ... International Criminal Court (ICC) had come to occupy in discussions .... Pella, V. P., 1950, 'Towards an international criminal court', The American Journal.

  6. Advancing system and policy changes for social and racial justice: comparing a Rural and Urban Community-Based Participatory Research Partnership in the U.S.

    Science.gov (United States)

    Devia, Carlos; Baker, Elizabeth A; Sanchez-Youngman, Shannon; Barnidge, Ellen; Golub, Maxine; Motton, Freda; Muhammad, Michael; Ruddock, Charmaine; Vicuña, Belinda; Wallerstein, Nina

    2017-02-21

    The paper examines the role of community-based participatory research (CBPR) within the context of social justice literature and practice. Two CBPR case studies addressing health inequities related to Type 2 Diabetes and Cardiovascular disease were selected from a national cross-site study assessing effective academic-community research partnerships. One CBPR partnership works with African Americans in rural Pemiscot County, Missouri and the other CBPR partnership works with African American and Latinos in urban South Bronx, New York City. Data collection included semi-structured key informant interviews and focus groups. Analysis focused on partnerships' context/history and their use of multiple justice-oriented strategies to achieve systemic and policy changes in order to address social determinants of health in their communities. Community context and history shaped each partnership's strategies to address social determinants. Four social justice approaches (identity/recognition, procedural, distributive, and structural justice) used by both partnerships were identified. These social justice approaches were employed to address underlying causes of inequitable distribution of resources and power structures, while remaining within a scientific research framework. CBPR can bridge the role of science with civic engagement and political participation, empowering community members to become political agents who integrate evidence into their social justice organizing strategies.

  7. 18 CFR 39.9 - Enforcement of Commission Rules and Orders.

    Science.gov (United States)

    2010-04-01

    ... CERTIFICATION OF THE ELECTRIC RELIABILITY ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS § 39.9 Enforcement of Commission Rules and Orders. (a) The... or a Regional Entity to ensure compliance with a Reliability Standard or any Commission order...

  8. Environment protection and other political spheres of the European Community

    International Nuclear Information System (INIS)

    Rengeling, H.W.

    1993-01-01

    It has long been known that environment protection is largely a cross-sectional task. The provision of Article 130 r Section 2 Clause 2 of the EEC Treaty that states that environment protection forms an integral part of all the other polticial spheres of the Community is not only a plank in the platform of the Community but also a juridical innovation. Time will tell what concrete legal claims can be derived from this provision, particularly on the part of the European Court of Justice. The lectures relate amongst others to the following topics: Environment protection and competition politics, environment protection and energy poltics, environment protection and development aid politics. Eight of the lectures were abstracted individually. (orig./HSCH) [de

  9. The regime for nuclear materials and the competence of the Communities to conclude international agreements

    International Nuclear Information System (INIS)

    Puissochet, J.-P.

    1978-01-01

    This is a commentary of a Decision handed down on 14 November 1978 by the Court of Justice of the European Communities. The Court was invited to decide whether it was necessary for the European Atomic Energy Community (Euratom) to take part in the negociations on the Convention on the Physical Protection of Nuclear Materials, Installations and Transport. In its Decision, the Court considered that the negotiations covered certain aspects within the sole competence of Euratom (in particular concerning supply). Euratom should therefore participate in the Convention on this basis. The author analyses the relevant provisions of the Euratom Treaty and expresses reservations on certain conclusions reached by the Court. (NEA) [fr

  10. Resilience Safety Culture in Aviation Organisations

    NARCIS (Netherlands)

    Akselsson, R.; Koornneef, F.; Stewart, S.; Ward, M.

    2009-01-01

    Chapter 2: Resilience Safety Culture in Aviation Organisations The European Commission HILAS project (Human Integration into the Lifecycle of Aviation Systems - a project supported by the European Commission’s 6th Framework between 2005-2009) was focused on using human factors knowledge and

  11. Organisational justice protects against the negative effect of workplace violence on teachers' sleep: a longitudinal cohort study.

    Science.gov (United States)

    Gluschkoff, Kia; Elovainio, Marko; Hintsa, Taina; Pentti, Jaana; Salo, Paula; Kivimäki, Mika; Vahtera, Jussi

    2017-07-01

    This study aimed to examine the longitudinal association of workplace violence with disturbed sleep and the moderating role of organisational justice (ie, the extent to which employees are treated with fairness) in teaching. We identified 4988 teachers participating in the Finnish Public Sector study who reported encountering violence at work. Disturbed sleep was measured in three waves with 2-year intervals: the wave preceding exposure to violence, the wave of exposure and the wave following the exposure. Data on procedural and interactional justice were obtained from the wave of exposure to violence. The associations were examined using repeated measures log-binomial regression analysis with the generalised estimating equations method, adjusting for gender and age. Exposure to violence was associated with an increase in disturbed sleep (RR 1.32 (95% CI 1.15 to 1.52)) that also persisted after the exposure (RR 1.26 (95% CI 1.07 to 1.48)). The increase was higher among teachers perceiving the managerial practices as relatively unfair (RR 1.46 (95% CI 1.01 to 2.09) and RR 1.59 (95% CI 1.04 to 2.42) for interactional and procedural justice, respectively). By contrast, working in high-justice conditions seemed to protect teachers from the negative effect of violence on sleep. Our findings show an increase in sleep disturbances due to exposure to workplace violence in teaching. However, the extent to which teachers are treated with justice moderates this association. Although preventive measures for violence should be prioritised, resources aimed at promoting justice at schools can mitigate sleep problems associated with workplace violence. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  12. Michael Walzer: Community in the spheres of justice

    Directory of Open Access Journals (Sweden)

    Sládeček Michal

    2007-01-01

    Full Text Available This text discusses Walzer’e position in relation to liberalistic concepts of justice, inequality, citizenship and ethnocultural identity. Unlike liberals, Walzer emphasizes the importance of nonvolntary associations and duties caused by such association, just as social inequality, which is the result of belonging to ethnocultural group. The text also considers Walzer’s answers to critiques that his position implies moral relativism. As far as politics is concerned, Walzer’s position claims that ethical systems on which communities in liberal society rely, are liberalized enough, with accepted principles of fairness, tolerance and intergroup justice. These systems correspond to political "liberal consensus", which cannot be derived from prepolitical ethos.

  13. Organising Sustainability Competencies through Quality Management: Integration or Specialisation

    Directory of Open Access Journals (Sweden)

    Vanajah Siva

    2018-04-01

    Full Text Available A significant step in integrating environmental sustainability into daily operations is through product development. One way to achieve such integration of environmental considerations into product development is by relating sustainability competencies to practices of Quality Management. However, practices seem to vary for how competencies within environmental sustainability are organised in order to make sustainability more actionable. This study explores two ways of organising sustainability competencies in product development: integration and specialisation. The organisation of sustainability competency is illustrated through two cases; one case in which sustainability is integrated with the quality management competency, and the other in which a new competency focusing on sustainability has been added as a separate function in product development. It is suggested that the organisation of sustainability competency influences the extent of environmental impact. Further, trade-offs, such as material source versus weight may not be exploited when sustainability is integrated as one area of responsibility for another specialty competency, suggesting a lack of sufficient competency within environmental sustainability to recognise potential trade-offs between—for example—quality and environmental impact.

  14. Data Entities and Information System Matrix for Integrated Agriculture Information System (IAIS)

    Science.gov (United States)

    Budi Santoso, Halim; Delima, Rosa

    2018-03-01

    Integrated Agriculture Information System is a system that is developed to process data, information, and knowledge in Agriculture sector. Integrated Agriculture Information System brings valuable information for farmers: (1) Fertilizer price; (2) Agriculture technique and practise; (3) Pest management; (4) Cultivation; (5) Irrigation; (6) Post harvest processing; (7) Innovation in agriculture processing. Integrated Agriculture Information System contains 9 subsystems. To bring an integrated information to the user and stakeholder, it needs an integrated database approach. Thus, researchers describes data entity and its matrix relate to subsystem in Integrated Agriculture Information System (IAIS). As a result, there are 47 data entities as entities in single and integrated database.

  15. Diversion of mentally disordered people from the criminal justice system in England and Wales: An overview.

    Science.gov (United States)

    James, David V

    2010-01-01

    The form that diversion mechanisms take in a given jurisdiction will be influenced both by mental health law and sentencing policies, and by the structure of criminal justice and health care systems. In England and Wales, treatment in hospital in lieu of any other sentence is available as a disposal option following a finding of guilt. In addition, there is a National Health Service, free at the point of delivery, the existence of which creates the potential for a co-ordinated nationwide response to mental disorder within the criminal justice system. In recent years, the National Health Service has taken over the delivery of health care in prisons, including psychiatric services, with the principle being one of equivalence between the quality of health provision provided in the community and that provided in prisons. However, problems within the system dictate that an important place remains for add-on diversion initiatives at courts and police stations, which aim to circumvent some of the delays in dealing with mentally disordered people or to prevent them entering the criminal justice system in the first place. It has been demonstrated that such mechanisms can be highly effective, and a government-sponsored review in 1992 recommended their general adoption. A lack of central co-ordination determined that progress was very slow. A new government-commissioned report in 2009 set out detailed recommendations for reform throughout the system. It laid emphasis on a co-ordinated response at all levels and between all agencies, and placed importance on linking initiatives with community services and with preventative measures, including attention to the effects of social exclusion. Some grounds for optimism exist, although there are particular problems in implementing change at a time of financial austerity. Copyright 2010 Elsevier Ltd. All rights reserved.

  16. The National Institute of Justice's Technology Efforts to Meet the Evolving Needs of the Responder Community

    Science.gov (United States)

    Boyd, D.

    2002-05-01

    The National Institute of Justice (NIJ) is the research arm of the Department of Justice. Through its Office of Science & Technology (OS&T), NIJ has actively pursued development of better tools for public safety agencies to combat terrorism since 1997, when, pursuant to the Anti-Terrorism and Effective Penalty Act of 1996 (P.L. 104 -132), it began development of technology to better enable law enforcement agencies to combat terrorism. NIJ quickly realized that effectively combating terrorism required a multi disciplinary, multi agency response. Additionally, it came to understand that, as noted by the Gilmore Commission, the best way to prepare the responder community to deal with the consequences of terrorist incidents, was to ``emphasize programs and initiatives that build appropriately on existing State and local capabilities for other emergencies and disasters.'' For example, an effective critical incident management system is just as important to the ability to deal with a terrorist attack, such as occurred at the World Trade Center, as with a major natural disaster or the crash of a commercial airliner or passenger train. Consequently, NIJ's efforts have evolved to focus on the responder community's common, unaddressed needs for better tools to deal with critical incidents. The Institutes efforts focus on five technology areas: infrastructure security, personnel location, explosives detection and remediation, communications and information technology and training, and development of standards.

  17. Cut out: Court ruling leaves B.C. Natives out in the cold

    Energy Technology Data Exchange (ETDEWEB)

    Lorenz, A.

    2004-03-01

    Impact of a recent decision of the British Columbia Supreme Court is reviewed. The court decision allows development of natural gas reserves without first completing a cumulative environmental impact assessment on a small piece of land which is home to moose, deer, owls and other boreal forest animals, and as such is vital to two native communities. The court decision is in response to a petition by the Saulteau and Moberly First Nations to squash the BC Oil and Gas Commission's (OGC) ruling to grant Tulsa, Oklahoma-based Vintage Petroleum's application to drill in a 3,960 square kilometre area belonging to the First Nations communities. The First Nations' petition claims violation of the communities' rights under a 1899 Treaty, and violation of the concept of cumulative impact management. OGC's approval rests on the imperfect definition of what cumulative impact means and on the relatively minor impact that drilling an exploratory well would have. The native communities and environmentalists claim that there are larger issues at stake, including land development in partnership between native communities and the industry, and the oil and gas industry's traditional reluctance to accept limits on resource development. To deal with this issue and to serve as a guide for the future, the OGC commissioned a study entitled 'Development of a Practical Framework for Cumulative Effects Assessment and Management for Northeast British Columbia'. The report recommends development of a screening tool to assess the effects of proliferating industrial projects on the environment and to enable OGC and the First Nations to evaluate future applications simultaneously rather than one by one. The process is continuing, but based on the evidence to date, First Nations communities are not optimistic that their concerns will be fully addressed. 6 figs.

  18. Organisational Culture Matters for System Integration in Health Care

    Science.gov (United States)

    Munir, Samina K.; Kay, Stephen

    2003-01-01

    This paper illustrates the importance of organisational culture for Clinical Information Systems (CIS) integration. The study is based on data collected in intensive care units in the UK and Denmark. Data were collected using qualitative methods, i.e., observations, interviews and shadowing of health care providers, together with a questionnaire at each site. The data are analysed to extract salient variables for CIS integration, and it is shown that these variables can be separated into two categories that describe the ‘Actual Usefulness’ of the system and the ‘Organisational Culture’. This model is then extended to show that CIS integration directly affects the work processes of the organisation, forming an iterative process of change as a CIS is introduced and integrated. PMID:14728220

  19. 25 CFR 11.435 - Obstructing justice.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Obstructing justice. 11.435 Section 11.435 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.435 Obstructing justice. A person commits a misdemeanor if, with...

  20. Television and the Film Industry: Competition or Cooperation in the EEC?

    Science.gov (United States)

    Porter, Vincent

    1978-01-01

    The relationship between the television broadcast industry and the film industry in the European Economic Community is primarily characterized by the commissioning or coproducing of films by the television organization. This relationship is discussed in light of the Treaty of Rome and decisions of the European Court of Justice in Luxemburg. (JMF)

  1. Community perspectives of wind energy in Australia: The application of a justice and community fairness framework to increase social acceptance

    International Nuclear Information System (INIS)

    Gross, Catherine

    2007-01-01

    Decisions concerning the siting of infrastructure developments or the use of natural resources have the potential to damage a community's social well-being if the outcomes are perceived to be unfair. Justice is accepted as central to the well functioning of society with fairness being an expectation in day-to-day interactions. Outcomes that are perceived to be unfair can result in protests, damaged relationships and divided communities particularly when decisions are made which benefit some sections of the community at the perceived expense of others. Through empirical research using a wind farm pilot study, community perceptions of a community consultation process are explored using procedural justice principles to evaluate fairness. Findings from the pilot study indicate that perceptions of fairness do influence how people perceive the legitimacy of the outcome, and that a fairer process will increase acceptance of the outcome. A key research finding was that different sections of a community are likely to be influenced by different aspects of justice, namely by outcome fairness, outcome favourability and process fairness. Based on this finding, a community fairness framework was developed which has potential application in community consultation to increase social acceptance of the outcome

  2. Integrated care in the daily work: coordination beyond organisational boundaries.

    Science.gov (United States)

    Petrakou, Alexandra

    2009-07-09

    In this paper, integrated care in an inter-organisational cooperative setting of in-home elderly care is studied. The aim is to explore how home care workers coordinate their daily work, identify coordination issues in situ and discuss possible actions for supporting seamless and integrated elderly care at home. The empirical findings are drawn from an ethnographic workplace study of the cooperation and coordination taking place between home care workers in a Swedish county. Data were collected through observational studies, interviews and group discussions. The paper identifies a need to support two core issues. Firstly, it must be made clear how the care interventions that are currently defined as 'self-treatment' by the home health care should be divided. Secondly, the distributed and asynchronous coordination between all care workers involved, regardless of organisational belonging must be better supported. Integrated care needs to be developed between organisations as well as within each organisation. As a matter of fact, integrated care needs to be built up beyond organisational boundaries. Organisational boundaries affect the planning of the division of care interventions, but not the coordination during the home care process. During the home care process, the main challenge is the coordination difficulties that arise from the fact that workers are distributed in time and/or space, regardless of organisational belonging. A core subject for future practice and research is to develop IT tools that reach beyond formal organisational boundaries and processes while remaining adaptable in view of future structure changes.

  3. Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften

    Energy Technology Data Exchange (ETDEWEB)

    Becker, Bernd

    2009-07-01

    The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.

  4. Social Change: Toward an Informed and Critical Understanding of Social Justice and the Capabilities Approach in Community Psychology.

    Science.gov (United States)

    Munger, Felix; MacLeod, Tim; Loomis, Colleen

    2016-03-01

    Community psychology has long been concerned with social justice. However, deployments of this term are often vague and undertheorized. To address this weakness in the field's knowledge body we explored John Rawls's theory of social justice and Amartya Sen's economic theory of the capabilities approach and evaluated each for its applicability to community psychology theory, research, and action. Our unpacking of the philosophical and political underpinnings of Rawlsian theory of social justice resulted in identifying characteristics that limit the theory's utility in community psychology, particularly in its implications for action. Our analysis of the capability approach proposed by Amartya Sen revealed a framework that operationalizes social justice in both research and action, and we elaborate on this point. Going beyond benefits to community psychology in adopting the capabilities approach, we posit a bi-directional relationship and discuss how community psychology might also contribute to the capabilities approach. We conclude by suggesting that community psychology could benefit from a manifesto or proclamation that provides a historical background of social justice and critiques the focus on the economic, sociological, and philosophical theories that inform present-day conceptualizations (and lack thereof) of social justice for community psychology. © Society for Community Research and Action 2016.

  5. Open Assessment of Proofs in Litigation

    Directory of Open Access Journals (Sweden)

    Kaltrina Zekolli

    2017-01-01

    Full Text Available The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to find the right path towards the truth applying different methods with intention to satisfy the justice. In this paper special attention we dedicated to the method of open assessment of proofs in litigation, that in fact is the subject of this research.

  6. IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

    Science.gov (United States)

    Forgays, Deborah Kirby; DeMilio, Lisa

    2005-02-01

    Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.

  7. A (FORENSIC STYLISTIC ANALYSIS OF ADVERBIALS OF ATTITUDE AND EMPHASIS IN SUPREME COURT DECISIONS IN PHILIPPINE ENGLISH

    Directory of Open Access Journals (Sweden)

    Hjalmar Punla Hernandez

    2017-09-01

    Full Text Available Contemporarily, stylistics today has developed into its multiplicity – one of which is forensic stylistics. Being a powerfully legal written discourse, Supreme Court decisions are a rich corpus in which linguistic vis-a-vis stylistic choices of Court justices could be examined. This study is a humble attempt at stylistically analyzing Supreme Court decisions in Philippine English (PhE drafted by two Filipino justices. Specifically, it sought to investigate on the classes, placements, and environments of adverbials of attitude and emphasis employed by the two justices, and drew their implications to teaching and learning English for Legal Purposes (ELP. Using McMenamin (2012, Quirk, Greenbaum, Leech, and Svartvik (1985, and Dita’s (2011 frameworks, 54 randomly selected Supreme Court decisions as primary sources of legal language were analyzed. Results are the following. Firstly, the classes of adverbials of attitude in Supreme Court decisions in PhE used by the two judges were the evaluation to the subject of the clause, judgment to the whole clause, and evaluation to an action performed by the subject of the clause, while those adverbials of emphasis were adverbials of conviction and doubt. Secondly, both adverbials they used have placements that were frequently medial and less initial in sentences where they belonged. Thirdly, the two justices put their adverbials within two principal environments, i.e. within functor, and before/after the verb among others. In these regards, legal and stylistic explanations with respect to these recurrent linguistic features in the two justices’ Court decisions were revealed. Implications of the study to ELP are explained. Lastly, trajectories for future (forensic stylistic analyses have been recommended.

  8. Turning the ECOWAS Standby Force in a More Proactive Force: An Analysis of Past Interventions to Assess Key Deployment Hindrances

    Science.gov (United States)

    2015-06-12

    troops in accordance with the timeline established. The following sections will review the history of the AU, the ECOWAS, and their respective...initiated as a reaction against something (colonialism or apartheid ) not for something, with the exception of a strong but hard-to- implement pan...

  9. The German Federal Constitutional Court's Ruling on Outright Monetary Transactions (OMT) - Another Step Towards National Closure?

    OpenAIRE

    Schiek, Dagmar

    2014-01-01

    The German Federal Constitutional Court (FCC) ruling of 14 January 2014 deserves a thorough evaluation on several accounts: It is the first ever reference by the FCC to the Court of Justice of the European Union (CJEU), it represents a continuation of FCC case law aimed at restricting the impact of European Union law as interpreted by the Court of Justices of the European Union (CJEU) on German law as well as questioning Germany’s participation in an ever closer European Union, and it has the...

  10. The integration of law and integrality of the legislation as necessary conditions for the success of law enforcement in interstate integration

    Directory of Open Access Journals (Sweden)

    Sergey Baburin

    2017-01-01

    Full Text Available УДК 341.1+342.2Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement.Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU, as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game.If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration

  11. The institutional foundations of energetic integration at the South America; Os fundamentos institucionais na integracao energetica da America do Sul

    Energy Technology Data Exchange (ETDEWEB)

    Suarez, Lizett Paola Lopez; Guerra, Sinclair Mallet-Guy [Universidade Estadual de Campinas (UNICAMP), SP (Brazil). Faculdade de Engenharia Mecanica. Dept. de Energia]. E-mails: lizlosu@fem.unicamp.br, sguerra@fem.unicamp.br; Udaeta, Miguel Edgar Morales [Universidade de Sao Paulo (USP), SP (Brazil). Inst. de Eletrotecnica e Energia (IEE)]. E-mail: udaeta@pea.usp.br

    2006-07-01

    From the revision and analysis of the energy integration process in South America, the present article goals to show which are the institutional basis that endorse the process, once these entities act directly with questions related to the energy sector or to the wider economic integration where the energy integration is inserted. Thus, the Regional entities, that can be associations, organizations and commissions, like ALADI, ARPEL, CEPAL, CIER, OLADE and others are mentioned and analyzed. The analysis points out that these entities constitute the institutional basis for support the decision making of the region countries, considering the achieved studies, the promoted debates, the establishment of norms and information treatment. Finally, it is emphasized that these entities can not and should not have decide and execute, since are the governments (politic will) the responsible for the planning and coordination role for having the integration project effectively implemented. (author)

  12. Organisational Learning and the Organisational Life Cycle: The Differential Aspects of an Integrated Relationship in SMEs

    Science.gov (United States)

    Tam, Steven; Gray, David E.

    2016-01-01

    Purpose: The purpose of this study is to relate the practice of organisational learning in small- and medium-sized enterprises (SMEs) to the organisational life cycle (OLC), contextualising the differential aspects of an integrated relationship between them. Design/methodology/approach: It is a mixed-method study with two consecutive phases. In…

  13. Restorative justice for sexual violence: repairing victims, building community, and holding offenders accountable.

    Science.gov (United States)

    Koss, Mary P; Bachar, Karen J; Hopkins, C Quince

    2003-06-01

    Problems in criminal justice system response to date and acquaintance rape, and the nonpenetration sexual offenses are identified: (1) these crimes are often markers of a career of sexual offense, yet they are widely viewed as minor; (2) perpetrators of these crimes are now held accountable in ways that reduce their future threat of sex offending; and (3) current criminal justice response to these crimes disappoints and traumatizes victims and families. In response to these identified problems, we are implementing and evaluating RESTORE, an innovative victim-driven, community-based restorative justice program. Restorative justice views crime as harm for which the person responsible must be held accountable in meaningful ways. RESTORE uses a community conference to involve the victim, offender, and both parties' family and friends in a face-to-face dialogue directed at identifying the harm, and developing a plan for repair, rehabilitation, and reintegration into the community.

  14. Energy Justice and the Stakeholders Involved: A Case Study of Solar Power in Rural Haiti

    Science.gov (United States)

    Romulus, Elijah Rey Asse

    This paper explores and analyzes energy justice and the stakeholders involved. Energy insecurity, specifically the lack of access to electricity effects over 1.3 billion people worldwide and energy justice is a way to address it. This paper is supported by a case study with data collected in the southern rural regions of Haiti regarding energy justice communities. Three cities were studied: Les Cayes, Anse-a-Veau, and Les Anglais. It examines how solar businesses can aid energy justice communities seeking access to electricity. Stakeholders such as the communities themselves, solar businesses, and nonprofits in the region are studied and analyzed. The paper concludes solar businesses are helping said communities but needs participation from other stakeholders to be successful. Finally, there are five recommendations to build capacity, develop infrastructure in the region, explore the possibility of solar cooperatives, strengthen the solar economy in Haiti, and demand reparations.

  15. Communities as co-producers in integrated care

    Directory of Open Access Journals (Sweden)

    Henk Nies

    2014-06-01

    Full Text Available Integrated care has become too much a professionals' concept, in research and theory development, as well as in practice, especially in high-income countries. The current debate on integrated care is dominated by norms and values of professionals, while most of the care is provided by non-professionals. The paradigms of integrated care for people with complex needs need to be reconsidered. It is argued that non-professional care and care by local communities need to be incorporated as a resource and a co-producer of care. It seems fair to assume that the community as such can take a more prominent role in organising and delivering health and long-term care. This implies redefining professional and non-professional responsibilities and boundaries. The boundary between public and private space is losing its significance, as is the distinction between formal and non-formal care. It also requires renegotiating and transforming organisational boundaries. This has consequences for legislation, funding and professional qualifications, as well as for management and governance. It challenges current professional identities as well as identities of service users, their informal carers and citizens. It may also require new types of funding, including non-monetary currencies, time-sharing and social impact bonds. The challenge is that big, that it needs to be addressed at its smallest scale: the citizen in his social network and local community, being co-producer of really integrated care. 

  16. Combining a weighted caseload study with an organisational analysis in courts: first experiences with a new methodological approach in Switzerland

    Directory of Open Access Journals (Sweden)

    Daniela Winkler

    2015-07-01

    Full Text Available Determining the weighted caseload, i.e. the average amount of work time used for processing cases of different case categories, using different methodological approaches of weighted caseload studies results in case weights that indicate the current performance of a court. However, as the weighted caseload is often used in allocating resources or cases, the results of a weighted caseload study may be contested with the argument it is not clear whether they are based on an average good performance or whether higher or lower values could be assumed if operational management were optimised or qualitative aspects taken into account. Suitable methods therefore usually include quality adjustments of the weighted caseload. Also, the values can be validated using benchmarking. In Switzerland there is a general lack of workload measurement in courts. Therefore, in an analysis of the courts and in the Cantonal Prosecutor’s Office of a Swiss canton another method of validating weighted caseload values has been applied: the combination of a weighted caseload study with an organisational analysis. This paper introduces the new methodological approach and outlines preliminary methodological findings.

  17. Integrated care in the daily work: coordination beyond organisational boundaries

    Directory of Open Access Journals (Sweden)

    Alexandra Petrakou

    2009-07-01

    Full Text Available Objectives: In this paper, integrated care in an inter-organisational cooperative setting of in-home elderly care is studied. The aim is to explore how home care workers coordinate their daily work, identify coordination issues in situ and discuss possible actions for supporting seamless and integrated elderly care at home. Method: The empirical findings are drawn from an ethnographic workplace study of the cooperation and coordination taking place between home care workers in a Swedish county. Data were collected through observational studies, interviews and group discussions. Findings: The paper identifies a need to support two core issues. Firstly, it must be made clear how the care interventions that are currently defined as ‘self-treatment’ by the home health care should be divided. Secondly, the distributed and asynchronous coordination between all care workers involved, regardless of organisational belonging must be better supported. Conclusion: Integrated care needs to be developed between organisations as well as within each organisation. As a matter of fact, integrated care needs to be built up beyond organisational boundaries. Organisational boundaries affect the planning of the division of care interventions, but not the coordination during the home care process. During the home care process, the main challenge is the coordination difficulties that arise from the fact that workers are distributed in time and/or space, regardless of organisational belonging. A core subject for future practice and research is to develop IT tools that reach beyond formal organisational boundaries and processes while remaining adaptable in view of future structure changes.

  18. The Lack Of A Proper System In The Application Of Irdr (Resolution Incident For Repetitive Demands In The Civil Special Courts System (Jecs

    Directory of Open Access Journals (Sweden)

    Marcelo Tadeu de Assunção Sobrinho

    2016-12-01

    Full Text Available The article deals with the Implementation of resolution incident for repetitive demands in the Small Claims Courts, which resulted in the breakdown of their autonomy to the following: interference of the Courts of Justice in standardizing the interpretation of the Courts decisions (CPC, art. 977 and authorization for the Superior Court of Justice (STJ to proceed to the judgment of the special appeal in repetitive demands (CPC, art. 987. The unsystematic was compounded as from the transfer by the STJ jurisdiction to adjudicate complaints to the courts of origin of the JEC's (Resolution 12/2009, as amended by Resolution 3/2016.

  19. California drug courts: outcomes, costs and promising practices: an overview of Phase II in a statewide study.

    Science.gov (United States)

    Carey, Shannon M; Finigan, Michael; Crumpton, Dave; Waller, Mark

    2006-11-01

    The rapid expansion of drug courts in California and the state's uncertain fiscal climate highlighted the need for definitive cost information on drug court programs. This study focused on creating a research design that can be utilized for statewide and national cost-assessment of drug courts by conducting in-depth case studies of the costs and benefits in nine adult drug courts in California. A Transactional Institutional Costs Analysis (TICA) approach was used, allowing researchers to calculate costs based on every individual's transactions within the drug court or the traditional criminal justice system. This methodology also allows the calculation of costs and benefits by agency (e.g., Public Defender's office, court, District Attorney). Results in the nine sites showed that the majority of agencies save money in processing an offender though drug court. Overall, for these nine study sites, participation in drug court saved the state over 9 million dollars in criminal justice and treatment costs due to lower recidivism in drug court participants. Based on the lessons learned in Phases I and II, Phase III of this study focuses on the creation of a web-based drug court cost self-evaluation tool (DC-CSET) that drug courts can use to determine their own costs and benefits.

  20. Problematika evropské společnosti v praxi

    OpenAIRE

    Štouračová, Vanda

    2012-01-01

    European company is a supranational form of public limited company. The aim of European Union was to make unified legal form for enterprises. The aim was not very successful because of disagreement of member states on employee participation. Also the fragmentation of legal frame of European company is too deep. The thesis analyse legal basis of European company and ways of its establishment. Examples from practice of Court of Justice of the European Union show difficulties in seat transfer be...

  1. PRE-LIMINAR JUDGMENT OF PROCEDENCE IN REPLICATION SUITS BY MAGISTRATES: A VIABLE ALTERNATIVE AGAINST PROCESS DELAYS IN CIVIL STATE COURTS

    OpenAIRE

    Souza, Roberta Kelly Silva; Universitá di Pisa, UNIPI, Itália; Seixas, Bernardo Silva de; Universitá di Pisa, UNIPI, Itália

    2015-01-01

    Laws 9099/95, 10259/01 and 12152/09, which respectively regulate the Special State, Federal and Fiscal Courts, were published so that access to justice in Brazil may be broadened. However, after twenty years of the establishment of State Special Civil Courts, they are so full up with suits that they have not served their function to de-bureaucratize justice and provide a fast access to justice to the Brazilian population. Current study demonstrates that the application of pre-liminar judgment...

  2. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    Directory of Open Access Journals (Sweden)

    Carlos Arturo Gómez Pavajeau

    2016-06-01

    Full Text Available The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the superiority of the last one and it’s relation with social justice; it analyses the differences between individual justice and global justice, to demonstrate the need to obtain an integral justice; it contrasts alternative justice and traditional justice, to propose an integrated justice; it explains that justice based upon the formal syllogism should be overcome by a justice based upon equity, to obtain a justice anchored in the Constitution, universal and concentrated in the human rights; it hypothesizes that justice supported in the atonement and retribution should be overcome by a justice that is preventive and restorative, that allows the construction of a justice focused in the future, without ignoring the past; it clarifies that justice with one jurisdiction and special justice are the components of a integrative transitional justice; it explains the presence of justice in different institutions with different functions and justice concentrated in one institution, although with different functions, because there is a search for an integrative justice; it exposes the search for a constitutional and political justice, discussing the vision of justice as a triumph of the force or the scandalous concession of benefits; it exalts that it is a justice in search of a positive discrimination, not a negative discrimination, overcoming the discussion between justice for the powerful and justice for the weak; finally, it considers that it is a justice

  3. College Affirmative Action Faces Much Tougher Scrutiny in New Supreme Court Review

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

    The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…

  4. Justice and justiciability: advancing solidarity and justice through South Africans' right to health jurisprudence.

    Science.gov (United States)

    Forman, Lisa

    2008-09-01

    The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.

  5. 31 CFR 542.705 - Administrative collection; referral to United States Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... to United States Department of Justice. 542.705 Section 542.705 Money and Finance: Treasury... States Department of Justice. In the event that the respondent does not pay the penalty imposed pursuant... Justice for appropriate action to recover the penalty in a civil suit in a Federal District Court. ...

  6. 31 CFR 537.705 - Administrative collection; referral to United States Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... to United States Department of Justice. 537.705 Section 537.705 Money and Finance: Treasury... States Department of Justice. In the event that the respondent does not pay the penalty imposed pursuant... Justice for appropriate action to recover the penalty in a civil suit in a federal district court. ...

  7. 31 CFR 541.705 - Administrative collection; referral to United States Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... to United States Department of Justice. 541.705 Section 541.705 Money and Finance: Treasury... States Department of Justice. In the event that the respondent does not pay the penalty imposed pursuant... Justice for appropriate action to recover the penalty in a civil suit in a federal district court. ...

  8. Organisational intelligence and distributed AI

    OpenAIRE

    Kirn, Stefan

    1995-01-01

    The analysis of this chapter starts from organisational theory, and from this it draws conclusions for the design, and possible organisational applications, of Distributed AI systems. We first review how the concept of organisations has emerged from non-organised black-box entities to so-called computerised organisations. Within this context, organisational researchers have started to redesign their models of intelligent organisations with respect to the availability of advanced computing tec...

  9. East African Community Law : Institutional, Substantive and Comparative EU Aspects

    NARCIS (Netherlands)

    Ugirashebuja, E.; Ruhangisa, J.E.; Ottervanger, T.R.; Cuyvers, A.

    2017-01-01

    The East African Community (EAC) is a regional intergovernmental and supranational organization currently comprising the Republics of Burundi, Kenya, Rwanda, South Sudan, the United Republic of Tanzania, and the Republic of Uganda. Established in 2000, the EAC aims at widening and deepening

  10. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    OpenAIRE

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2013-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage fr...

  11. Listen! Alternative Experiences of Access to Justice in Santiago de Cali. Justice-State Tension in Multi-Door Courthouses, Non-Profit Organization and Community Kitchens

    Directory of Open Access Journals (Sweden)

    Lina Fernanda Buchely Ibarra

    2017-12-01

    Full Text Available The Distrito de Aguablanca in Cali was chosen in 1994 by government and multilateral organizations to develop a pioneering project of the second movement of Right and Development: the Casas de Justicia. It integrates two apparently differing objectives. One of them relates with the reduction of the resource expenditures and the devoted time to the provision of justice. The other one attempts to narrowing the relationship gaps between community and State, in order to the prevention of new conflicts. We are trying a deeper examination into this dichotomy, by highlighting the relevance of dialogue and listening in the conception of a perspective of justice involving the stances prevailing at the scenarios where the State intervenes. We will carry out a comparative analysis between the measurement logics arrayed by the central government at the Casa de Justicia, the Amor Foundation, and the Tía Paula community dinning service, situated in the neighborhoods of Marroquín II and Potrero Grande. We will use the referents developed by the philosopher Jean-Luc Nancy in his text Listening, such as silence, present time, transformation, and noise.

  12. K-12 Implications Seen in Some Cases before High Court

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

    Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

  13. Social Justice becomes a Living Experience for Students, Faculty, and Community

    Science.gov (United States)

    Blundo, Robert

    2010-01-01

    This social justice course was the result of a service-learning project with African American and First Nations peoples of a Southern community telling their story of desegregation through the creation of a video documentary project. Combining the pedagogy of service-learning with documentary video making, a social justice project was created that…

  14. Perceived Organisational Politics, Political Behaviour and Employee ...

    African Journals Online (AJOL)

    facing both private and public sector organisations (Nidhi & Prerna, 2015;. Gotsis & Kortezi ... These studies suggest that organisational politics often interfere with normal ..... Rawls's (1971) theory of justice provides a theoretical foundation for the relationship between ..... Ethical considerations in organisational politics: ...

  15. The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2018-01-01

    This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has...... succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a remarkable capacity to navigate the various different jurisdictions of the Caribbean States (ie, common v civil law systems) as well as the different legal...... cultures and approaches to international human rights and laws (ie, dualism v monism as well as British v international approaches to human rights)....

  16. Infrastructure investment and incentives with supranational funding

    OpenAIRE

    Socorro, M. Pilar; De Rus, Ginés

    2011-01-01

    Public infrastructure investment is usually co-financed by supranational organizations. The selection of projects is supposed to be decided using the information provided by conventional cost-benefit analysis. Nevertheless, we show that the type of institutional design regarding the financing mechanism affects the incentives of national governments to reduce costs and increase revenues, affecting project selection, the infrastructure capacity, the choice of technology, and the type of contrac...

  17. The Supreme Court's Role in Defining the Jurisdiction of Military Courts: A Study and Proposal

    National Research Council Canada - National Science Library

    Baldrate, Brian C

    2005-01-01

    .... Rather than creating a consistent precedent, the Court's decisions have led to arbitrary results and an increased uncertainty about whether the military commissions at Guantanamo Bay, Cuba, are constitutional...

  18. Everyday suffering outside prison walls: a legacy of community justice in post-genocide Rwanda

    NARCIS (Netherlands)

    Rutayisire, T.; Richters, A.

    2014-01-01

    Twenty years after the 1994 genocide, Rwanda shows all indications of moving quickly towards socio-economic prosperity. Rwanda's community justice system, Gacaca, was to complement this prosperity by establishing peace and stability through justice, reconciliation and healing. Evaluations of the

  19. Experiences in reconciling risk management and restorative justice: how circles of support and accountability work restoratively in the risk society.

    Science.gov (United States)

    Hannem, Stacey

    2013-03-01

    Circles of Support and Accountability (COSA) is a restorative justice-based model that originated in Canada in the mid-1990s for the postincarceration reintegration of those who have offended sexually. Although the roots of COSA are in restorative justice philosophy, the program has also found favour, to some degree, with organisations such as police services and corrections that are traditionally concerned more with protecting community safety than with the ideals of restorative justice. Informed by the author's research and personal experience as a COSA volunteer, and analysis of recent and historical representations of COSA, this article explores theoretically how the development of the COSA initiative has been influenced by the seemingly disparate concerns of both the restorative justice and community protection movements, and examines the importance of balancing these paradigms in the everyday practices of circles.

  20. Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    The Court of Justice of the European Union (Court) delivered a preliminary ruling in 2011 in the case of Oliver Brüstle v Greenpeace on the interpretation of Article 6(2) of the Biotech Directive and thereby established an autonomous concept of the term ‘human embryo’. The Brüstle decision raises...

  1. Integrating HIV & AIDS education in pre-service mathematics education for social justice

    Directory of Open Access Journals (Sweden)

    Linda van Laren

    2011-01-01

    Full Text Available Since 1999, many South African education policy documents have mandated integration of HIV & AIDS education in learning areas/disciplines. Policy document research has shown that although South African politicians and managers have produced volumes of eloquent and compelling legislation regarding provision for HIV & AIDS education, little of this is translated into action. The impact of HIV & AIDS permeates the social, economic and political arenas in South Africa. Integration of HIV & AIDS education across disciplines can serve as a strategy to further the ideals of social justice. This paper focuses on how integration in the teaching and learning of Mathematics Education provides opportunities to take action for social justice. The inquiry explores the following question: How can the myth that there is 'nothing we can do' about HIV & AIDS, which is linked to social justice issues, be addressed through integration of HIV & AIDS education in Mathematics pre-service teacher education? Drawing on self-study, the work of a Mathematics teacher educator who worked with pre-service teachers to integrate HIV & AIDS education at a higher education institution is described. By considering integration of HIV & AIDS education in Mathematics Education and taking action it is possible to develop strategies which directly relate to social justice.

  2. Teaching for Social Justice: Motivations of Community College Faculty in Sociology

    Science.gov (United States)

    Brown, Sonia; Blount, Stacye; Dickinson, Charles A.; Better, Alison; Vitullo, Margaret Weigers; Tyler, Deidre; Kisielewski, Michael

    2016-01-01

    This article evaluates the reasons for career choice and job satisfaction among community college faculty who teach sociology, in relation to a social justice motivation for teaching. Using closed- and open-ended response data from a 2014 national survey of community college sociology faculty, this study finds that a preponderance of faculty do…

  3. Justice Dispensation through the Alternative Dispute Resolution System in India

    Directory of Open Access Journals (Sweden)

    Krishna Agrawal

    2014-01-01

    Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and

  4. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

    Full Text Available The independence of the court is essential of state of rule, to maintain the stability in juridical intercourse, for the existence of a constitutional democracy achieved through a warranty of the necessary objectivity for the steady and legal settlement of the causes deducted to the trial and the achievement of a fair trial. The article emphasizes the main international juridical tools in which independence of justice is reflected, achieving an examination of judicial practice of European instance as well as an analysis of this principle as it is regulated by Romanian justice.

  5. Management and governance processes in community health coalitions: a procedural justice perspective.

    Science.gov (United States)

    Weiner, Bryan J; Alexander, Jeffrey A; Shortell, Stephen M

    2002-12-01

    Community-based coalitions are a popular strategy for promoting community health despite the fact that coalitions often fail to achieve measurable results. Using a procedural justice framework, this study seeks to advance knowledge about the relationship between coalition governance and management processes and indicators of coalition functioning. Member survey data from 25 coalitions participating in the Community Care Network Demonstration Program were analyzed using two-stage least squares regression. Results show that personal influence in decision making. decision process clarity, and collaborative conflict resolution were significantly associated with procedural fairness perceptions. Procedural fairness perceptions, in turn, were positively associated with member satisfaction with coalition decisions, but not personal engagement in the coalition or organizational integration of coalition goals and activities. Personal influence in decision making and collaborative conflict resolution also exhibited direct relationships with all three indicators of coalition functioning examined in the study.

  6. Legitimacy of Constitutional Justice: Democracy, Constitutional Court and Theory Against Majority Interest

    Directory of Open Access Journals (Sweden)

    Thaminne Nathalia Cabral Moraes e Silva

    2016-12-01

    Full Text Available This article has as its theme the analysis of the separation of powers and the rule of democracy, in addition to the possibility of the Constitutional Court be composed of people appointed by the President of the Republic, not fulfilling the democratic rule, and make the control of constitutionality of laws, created through democratic process. Will be answered: the separation of powers obey the democratic rule? When the Legislature fails to fulfill its function of legislating, opens the opportunity for the Supreme Court, as the Constitutional Court that is, create, through judicial activism, silent rules? That injured the democratic rule?

  7. Organisational justice and smoking: the Finnish Public Sector Study.

    Science.gov (United States)

    Kouvonen, Anne; Vahtera, Jussi; Elovainio, Marko; Cox, Sara J; Cox, Tom; Linna, Anne; Virtanen, Marianna; Kivimäki, Mika

    2007-05-01

    To examine the extent to which the justice of decision-making procedures and interpersonal relationships is associated with smoking. 10 municipalities and 21 hospitals in Finland. Cross-sectional data derived from the Finnish Public Sector Study were analysed with logistic regression analysis models with generalised estimating equations. Analyses of smoking status were based on data provided by 34,021 employees. Separate models for heavy smoking (> or = 20 cigarettes/day) were calculated for 6295 current smokers. After adjustment for age, education, socioeconomic position, marital status, job contract and negative affectivity, smokers who reported low procedural justice were about 1.4 times more likely to smoke > or = 20 cigarettes/day compared with their counterparts who reported high levels of justice. In a similar way, after adjustments, low levels of justice in interpersonal treatment was significantly associated with an increased prevalence of heavy smoking (OR 1.35, 95% CI 1.03 to 1.77 for men and OR 1.41, 95% CI 1.09 to 1.83 for women). Further adjustment for job strain and effort-reward imbalance had little effect on these results. No associations were observed between justice components and smoking status or ex-smoking. The extent to which employees are treated with justice in the workplace seems to be associated with smoking intensity independently of established stressors at work.

  8. Equal Access to Justice Act Payments

    Data.gov (United States)

    Social Security Administration — A dataset containing payment amounts made by the Social Security Administration for court-approved Equal Access to Justice Act (EAJA) payments for fiscal year 2010...

  9. The development of a community-based spirometry service in the Canterbury region of New Zealand: observations on new service delivery.

    Science.gov (United States)

    Epton, Michael J; Stanton, Josh D; McGeoch, Graham R B; Shand, Brett I; Swanney, Maureen P

    2015-03-05

    In 2008, as part of the changes to develop integrated health care services in the Canterbury region of New Zealand, the local health board in collaboration with general practitioners, respiratory specialists and scientists introduced a programme for general practices to provide laboratory-quality spirometry in the community. The service adhered to the 2005 ATS/ERS international spirometry standards. The spirometry service was provided by trained practice nurses and community respiratory nurses, and was monitored and quality assured by certified respiratory scientists in the Respiratory Physiology Laboratory, Christchurch Hospital and CISO (Canterbury Initiative Services Organisation). These two organisations were responsible for organising training seminars and refresher courses on spirometry technique and interpretation of results. A total of 10 practices have now become approved spirometry providers, with the number of tests carried out in the primary care setting increasing gradually. Consistently high-quality spirometry tests have been obtained and are now presented on a centrally available results database for all hospital and community clinicians to review. Although the service has proved to be more convenient for patients, the tests have not been delivered as quickly as those carried out by the Respiratory Physiology Laboratory. However, the time scales for testing achieved by the community service is considered suitable for investigation of chronic disease. The success of the service has been dependent on several key factors including hospital and clinical support and a centralised quality assurance programme, a comprehensive training schedule and online clinical guidance and close integration between primary and secondary care clinicians.

  10. Behind the Scenes of Public Construction Clients – Collecting Data on Commissioning Activities and Organisational Approach

    OpenAIRE

    Hermans, Marleen; Eisma, Pieter

    2015-01-01

    The understanding of public commissioning activity is fairly limited, with national and European research primarily focusing on large scale projects, European procurement procedures and new construction. However, most construction activities involve small scale projects and assignments performed by smaller scale semi-public organisations such as hospitals, schools or housing associations. Similarities and differences between new construction and asset management have not received ample attent...

  11. Examining the links between therapeutic jurisprudence and mental health court completion.

    Science.gov (United States)

    Redlich, Allison D; Han, Woojae

    2014-04-01

    Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  12. Acting Globally: Cultivating a thousand community solutions for climate justice

    OpenAIRE

    Giovanna Di Chiro

    2011-01-01

    Giovanna Di Chiro is Director of Environmental Programs at Nuestras Raíces, Inc. and Research Associate at the Five College Women's Studies Research Center. She has published widely on the intersections of race, gender, and environmental justice with a focus on women's activism and policy change addressing environmental health disparities in lower income communities. She is completing a book Embodied Ecologies: Science, Politics, and Environmental Justice. Her current work examines environmen...

  13. Finding the loopholes: a cross-sectional qualitative study of systemic barriers to treatment access for women drug court participants.

    Science.gov (United States)

    Morse, Diane S; Silverstein, Jennifer; Thomas, Katherine; Bedel, Precious; Cerulli, Catherine

    2015-12-01

    Therapeutic diversion courts seek to address justice-involved participants' underlying problems leading to their legal system involvement, including substance use disorder, psychiatric illness, and intimate partner violence. The courts have not addressed systemic hurdles, which can contribute to a cycle of substance use disorder and recidivism, which in turn hinder health and wellness. The study purpose is to explore the systemic issues faced by women participants in drug treatment court from multiple perspectives to understand how these issues may relate to health and wellness in their lives. Qualitative thematic framework analysis of five separate focus groups consisting of female drug treatment court participants, community providers, and court staff ( n = 25). Themes were mapped across the socio-ecological framework and contextualized according to social determinants of health. Numerous systemic factors impacted women's access to treatment. Laws and legal policies (governance) excluded those who could potentially have benefitted from therapeutic court and did not allow consideration of parenting issues. Macroeconomic policies limit housing options for those with convictions. Social policies limited transportation, education, and employment options. Public policies limited healthcare and social protection and ability to access available resources. Culture and societal values, including stigma, limited treatment options. By understanding the social determinant of health for women in drug treatment court and stakeholder's perceptions, the legal system can implement public policy to better address the health needs of women drug court participants.

  14. Seven Theses on Spanish Justice to understand the Prosecution of Judge Garzón

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2011-12-01

    Full Text Available Judges may not decide cases as they wish, they are subject to the law they are entrusted to apply, a law made by the legislator (heteronomy. But in doing so, they do not take any instruction from any other power or instance (independence or autonomy. Sometimes, they apply the law of the land taking into account the norms and principles of other, international, supranational, even transnational systems. In such cases, again, they perform a delicate balance between autonomy (domestic legal order and domestic culture of legal interpretation and heteronomy (external legal order and culture of interpretation. There are common shared aspects of Justice in the Member States of the EU, but, this contribution explores some, perhaps the most salient, features of Spanish Justice in this wider European context. They are not exclusive to Spain, but they way they combine and interact, and their intensity is quite uniquely Spanish. These are seven theses about Justice in Spain.

  15. Insights to Building a Succesful E-filing Case Management Service: U.S. Federal Court Experience

    Directory of Open Access Journals (Sweden)

    J. Michael Greenwood

    2012-06-01

    Full Text Available The U.S. Federal Courts Case Management/Electronic Case Files (CM/ECF service is a very successful court automation system deployed throughout the country that integrated case management, electronic court case records and documents, and the electronic transmission and service of court records via the Internet. The authors briefly explain the history of automation development and indicators of success in these courts. The primary focus of the article is (a on what capabilities and functions should be integrated into any modern court electronic filing and case management service; and (b on insights as to key technical components, fundamental project guidelines, technical objectives, and non-technical principles and implementation techniques that were critical to achieving success. The ultimate CM/ECF goals that have been achieved are (1 that the entire U.S. federal court community (court, lawyers, government, public are comfortable in totally relying on this service, and (2 that CM/ECF is the official record eliminating the traditional paper record.

  16. Harmful effect of arbitration dispute settlement EU intra bits to the legal order of the European Union

    Directory of Open Access Journals (Sweden)

    Vukadinović Radovan D.

    2017-01-01

    Full Text Available The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law. Despite the exceptional theoretical significance, the issue of hierarchy is, first and foremost, a political issue. The answer to it defines the legal nature of the EU and the direction of its further development: as a sui generis federal community or a regional community of a confederal type. In the legal theory, the opinion on sui generis and the autonomous legal order of the EU is prevalent. This was also confirmed by the Court of Justice in a series of cases. However, the analyzed decisions of investment arbitrations engaged on the basis of the ISDS mechanism call into question such a position. Arbiters believe that the rights and obligations of the BIT should be interpreted in accordance with the rules of international law and that, in the event of a conflict with EU law, priority should be given to the rules of international public law. For this reason, the European Commission and the Court of Justice only see the existence of ISDS clauses in the BITs as a threat to the preservation of the unity and autonomy of the EU legal order, because their activation is jeopardized by the 'interpretative monopoly' of the Court of Justice entrusted with the decision of previous issues to ensure unity of rights EU. The fact that the question of the effect of the ISDS mechanism is not only of theoretical importance is testified by the fact that the EU negotiations on a new generation of trade and investment agreements are examining proposals to establish a more democratic and transparent multilateral international judicial mechanism in place of the existing mechanism.

  17. ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

    Directory of Open Access Journals (Sweden)

    Micah B. Rankin

    2012-02-01

    Full Text Available Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the problem. In the meantime, Canadian courts have failed to develop constitutional standards defining the government’s obligations to ensure that Canadians have access to courts. In this paper, the author argues that people’s inability to access courts and obtain legal representation not only has implications for their rights and interests, but may also create specific burdens on courts and judges that can sometimes undermine their independence. The author argues that the traditional view of judicial independence is too narrow and should be expanded. Judicial independence, the author claims, is best understood as a variable bundle of rights, guarantees and powers conferred on courts and judges that preserves and enhances their abilities to adjudicate impartially, maintain a constitutional distribution of powers and uphold the rule of law. Since people’s inability to access courts and obtain legal representation can impair the judiciary’s ability to preserve these values, the author argues that judicial independence is undermined. Relying on his broadened conception of judicial independence, the author claims that it is possible to correct problems of inaccessibility by recognizing that courts have a power to appoint state-funded counsel in appropriate circumstances in order to preserve their independence. L’incapacité des Canadiens d’avoir accès aux tribunaux est sujet de controverse depuis des décennies. En dépit des nombreuses preuves de l’affaiblissement du système d’aide juridique du Canada, les gouvernements refusent encore d’engager les ressources nécessaires pour remédier au problème. Parallèlement, les tribunaux canadiens n’ont pas réussi à élaborer des

  18. Intergovernmental organisation activities

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Intergovernmental organisation activities: 1 - European Atomic Energy Community: Non-legally binding instruments - Communication from the European Commission 'Towards an Integrated Strategic Energy Technology (SET) Plan: Accelerating the European Energy System Transformation'; 2014 Annual Report of the Euratom Supply Agency; Report of June 2015 from the Euratom Supply Agency to the European Commission on the Security of Supply of Medical Radioisotopes; 2 - International Atomic Energy Agency (IAEA): Convention on Nuclear Safety (CNS); 59. regular session of the IAEA General Conference (Resolutions of the Conference, Measures to Strengthen International Cooperation in Nuclear, Radiation, Transport and Waste Safety (GC(59)/RES/9): conventions, regulatory frameworks and supporting non-legally-binding instruments for safety, Nuclear liability, National infrastructures, Nuclear installation safety, Safe management of radioactive sources, Nuclear and radiological incident and emergency preparedness and response); Nuclear Security (GC(59)/RES/10); IAEA Treaty Event; Legislative assistance activities; Nuclear Law Institute; 3 - OECD Nuclear Energy Agency (NEA): European Nuclear Energy Tribunal (ENET) Inaugural Session for the 9. mandate; New signatories to the extension of the Generation IV International Forum (GIF) Framework Agreement; Joint Declaration on the Security of Supply of Medical Radioisotopes; International Framework for Nuclear Energy Cooperation (IFNEC); 15. session of the International School of Nuclear Law (ISNL); 2016 session of the International Nuclear Law Essentials (INLE)

  19. The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2014-01-01

    With its decision on December 20 th , the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27 th 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

  20. Environmental policy on the way to Brussels : the issue of acidicification between the Netherlands and the European community

    NARCIS (Netherlands)

    Liefferink, J.D.

    1995-01-01

    The process of European integration is marked by a dynamic and often controversial balance between member state autonomy and supranational. decision making. Within the European Community (EC), enviromnental policy has in the past 25 years emerged as one of the major fields of activity. This

  1. An analysis of a regional nuclear safeguards organisation: the European Atomic Energy Community (EURATOM) and the development of nuclear safeguards in Western Europe

    International Nuclear Information System (INIS)

    Howlett, Darryl.

    1988-08-01

    This thesis argues that the nuclear safeguards system implemented by EURATOM in Western Europe has come to fruition as a result of a complex political process. This process has involved negotiations over the exact limits on safeguards interventions into the nuclear affairs of the European Community. There are two dimensions to these negotiations. On the one hand, they involve EURATOM and its member states over the necessary limits on safeguards intervention in member states' domestic nuclear affairs. On the other, there are negotiations between EURATOM and several actors outside the region, particularly the International Atomic Energy Agency. The thesis concludes by arguing that international safeguards organisations, of which EURATOM is a regional example, have made important contributions to arms control and international security. In the process, certain kinds of precedents and procedures which have potential for broader application have been established. (author)

  2. The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy

    NARCIS (Netherlands)

    De Hoon, Marieke

    2017-01-01

    While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this

  3. An Evil Hitherto Unchecked: Eugenics and the 1917 Ontario Royal Commission on the Care and Control of the Mentally Defective and Feeble-Minded.

    Science.gov (United States)

    Koester, C Elizabeth

    2016-01-01

    In 1917, the Ontario government appointed the Royal Commission on the Care and Control of the Mentally Defective and Feeble-Minded, headed by Justice Frank Hodgins. Its final report made wide-ranging recommendations regarding the segregation of feeble-minded individuals, restrictions on marriage, the improvement of psychiatric facilities, and the reform of the court system, all matters of great concern to the eugenics movement. At the same time, however, it refrained from using explicitly eugenic vocabulary and ignored the question of sterilization. This article explores the role the commission played in the trajectory of eugenics in Ontario (including the province's failure to pass sterilization legislation) and considers why its recommendations were disregarded.

  4. Organisational injustice and impaired cardiovascular regulation among female employees.

    Science.gov (United States)

    Elovainio, M; Kivimäki, M; Puttonen, S; Lindholm, H; Pohjonen, T; Sinervo, T

    2006-02-01

    To examine the relation between perceived organisational justice and cardiovascular reactivity in women. The participants were 57 women working in long term care homes. Heart rate variability and systolic arterial pressure variability were used as markers of autonomic function. Organisational justice was measured using the scale of Moorman. Data on other risk factors were also collected. Results from logistic regression models showed that the risk for increased low frequency band systolic arterial pressure variability was 3.8-5.8 times higher in employees with low justice than in employees with high justice. Low perceived justice was also related to an 80% excess risk of reduced high frequency heart rate variability compared to high perceived justice, but this association was not statistically significant. These findings are consistent with the hypothesis that cardiac dysregulation is one stress mechanism through which a low perceived justice of decision making procedures and interpersonal treatment increases the risk of health problems in personnel.

  5. The tension between cross-border cooperation in the European Area of Freedom, Security and Justice and the fundamental rights of mentally ill offenders in detention.

    Science.gov (United States)

    Meysman, Michaël

    2016-01-01

    In two recent judgements, the European Court of Human Rights (ECtHR) has given an alarming signal regarding the placement, care and treatment of mentally disordered offenders in Belgium. This article analyses these judgements and the Court's assessment that Belgium faces a structural problem regarding the detention of people with a mental illness in prison. By exploring other recent ECtHR decisions across the EU and combining this with an analysis of international norms and standards, it contends that there is something amiss regarding the post-trial approach towards mentally disordered offenders in an EU-wide context. The potential hazards of this situation, from both an individual and an EU perspective are then presented by analysing the EU Framework Decision on the transfer of prisoners (which aims to facilitate offender rehabilitation) and the EU Court of Justice's interpretation of the relationship between instruments like the Framework Decision that are based on mutual recognition and fundamental rights. Lastly, the EU's initiative for enhancing procedural rights in criminal proceedings through the Roadmap trajectory, and the subsequent Commission Recommendation of 27 November 2013, are scrutinized. Based on this research, the article pinpoints the flaws and vacuums that currently exist for mentally disordered offenders, and the negative outcome this may have on the legitimacy and effectiveness of the European Area of Freedom, Security and Justice. Copyright © 2016 Elsevier Ltd. All rights reserved.

  6. APPLICATION OF THE WTO AGREEMENTS IN NATIONAL COURTS: COMPARATIVE ASPECTS OF WORLDWIDE AND LITHUANIAN JUDICIAL PRACTICES

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

    Full Text Available This article analyses the main World Trade Organization (WTO agreements: the 1994 GATT agreement and the agreements on the determination of the customs value and customs origin of goods. It also describes the problems involved in granting the direct effect of this external legislation in the Republic of Lithuania from the time of its accession to the WTO in 2001 and entry into the European Union (EU in 2004. The article seeks to answer the question of whether the external WTO legislation should be recognised as legal acts in the national legal system, with the capability for direct application in judicial proceedings. The article also considers whether individual persons can invoke the WTO agreements at a national level (in national courts to protect their legitimate rights and interests in international trade operations. In addition, it includes an analysis of practices followed by judicial authorities in the EU and countries in other regions, including the individual EU member states. The analysis leads to the conclusion that, unlike the case law of the Court of Justice of the European Union, the practices and experience of the Republic of Lithuania are essentially based on the provision that these sources of law could be directly applied at a national level in judicial cases related to the taxation of international trade operations. Analysis of the relevant issues is based on both theoretical (analysis and synthesis, systematic analysis and empirical methods (the statistical analysis of data, the evaluation and textual analysis of documents – in particular, decisions of national courts and the Court of Justice of the European Union (CJEU.

  7. Policing in the United States: Has the Time Come for a Full-Time National Police Force

    Science.gov (United States)

    2016-06-10

    content/pub/pdf/fleo00.pdf. 103 Scalia, John. NCJ-163066, Bureau of Justice Statistics Bulletin: Juvenile Delinquents in the Federal Criminal Justice...96 viii ACRONYMS BJS Bureau of Justice Statistics CALEA Commission on Accrediting Law Enforcement Agencies COMPSTAT...Computer Statistics COR Corrections CRCC Civilian Review and Complaint Commission CRT Court Operations DEA Drug Enforcement Agency DHS

  8. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

  9. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

    Directory of Open Access Journals (Sweden)

    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

  10. Challenges and opportunities for more integrated regional food security policy in the Caribbean Community

    Directory of Open Access Journals (Sweden)

    Kristen Lowitt

    2016-01-01

    Full Text Available The Caribbean Community (CARICOM has recognized regional integration as an important development strategy for addressing the unique vulnerabilities of its member small island developing states (SIDS. Food security in the Caribbean is a fundamental social and ecological challenge in which the dynamics of regional integration are increasingly playing out. CARICOM members have subsequently identified a number of shared food security problems and have endorsed regional goals and approaches to address them; however, progress towards solutions has been slow. Recognizing that evidence-based studies on the potential factors limiting sustained progress are lacking, we undertook a comparative policy analysis to understand better the various approaches and framings of food security at national and regional levels with a view to assessing coherence. We identify considerable divergence in how regional and local policy institutions frame and approach food security problems in CARICOM and then identify ways through which the policy integration objectives for enhanced regional food security might be progressed, with a particular focus on social learning.

  11. Several roads lead to international norms, but few via international socialization. A case study of the European Commission

    NARCIS (Netherlands)

    Hooghe, E.A.E.B.

    2005-01-01

    Can an international organization socialize those who work within it? The European Commission of the European Union is a crucial case because it is an autonomous international organization with a vocation to defend supranational norms. If this body cannot socialize its members, which international

  12. The International Thermonuclear Experimental Reactor (ITER) international organisation: which laws apply to this international nuclear operator?

    International Nuclear Information System (INIS)

    Grammatico-Vidal, L.

    2009-01-01

    ITER is being carried out by way of international collaboration between seven partners (the European atomic energy community -EURATOM-, China, India, Japan, Russia, south korea and the United states) which together represent more than half the world population. From a project organisation point of view, it is supported by both financial and in-kind contributions provided by each of the partner; each member makes its contribution through a special legal entity called a 'domestic agency' to an international organisation which was set up by the Agreement on the Establishment of an International Fusion Energy Organization for the joint Implementation of the ITER project signed in Paris on 21. november 2006 and which entered into force on 24. october 2007 after ratification by each of the partners. The international agreement is to remain in effect for a period of 35 years and may be renewed for a period of 10 years without any change to its content. It is supplemented by an agreement of the same date on the privileges and immunities of the organisation and of its staff. The function of the ITER organisation is to construct, commission, operate and permanently shutdown the ITER facility, to encourage their exploitation by laboratories, other institutions and personnel participating in the fusion energy research and development programmes of its members and to promote public understanding and acceptance of fusion energy. The unique institutional structure for this project will be described briefly in the introduction before analysing the law applicable to this international organisation, a French nuclear operator, unique in France today. (N.C.)

  13. Behavioral Genetics in Criminal and Civil Courts.

    Science.gov (United States)

    Sabatello, Maya; Appelbaum, Paul S

    Although emerging findings in psychiatric and behavioral genetics create hope for improved prevention, diagnosis, and treatment of disorders, the introduction of such data as evidence in criminal and civil proceedings raises a host of ethical, legal, and social issues. Should behavioral and psychiatric genetic data be admissible in judicial proceedings? If so, what are the various means for obtaining such evidence, and for what purposes should its admission be sought and permitted? How could-and should-such evidence affect judicial outcomes in criminal and civil proceedings? And what are the potential implications of using behavioral and psychiatric genetic evidence for individuals and communities, and for societal values of equality and justice? This article provides an overview of the historical and current developments in behavioral genetics. We then explore the extent to which behavioral genetic evidence has-and should-affect determinations of criminal responsibility and sentencing, as well as the possible ramifications of introducing such evidence in civil courts, with a focus on tort litigation and child custody disputes. We also consider two ways in which behavioral genetic evidence may come to court in the future-through genetic theft or the subpoena of a litigant's biospecimen data that was previously obtained for clinical or research purposes-and the concerns that these possibilities raise. Finally, we highlight the need for caution and for approaches to prevent the misuse of behavioral genetic evidence in courts.

  14. Building a regional health equity movement: the grantmaking model of a local health department.

    Science.gov (United States)

    Baril, Nashira; Patterson, Meghan; Boen, Courtney; Gowler, Rebekah; Norman, Nancy

    2011-01-01

    The Boston Public Health Commission's Center for Health Equity and Social Justice provides grant funding, training, and technical assistance to 15 organizations and coalitions across New England to develop, implement, and evaluate community-based policy and systems change strategies that address social determinants of health and reduce racial and ethnic health inequities. This article describes Boston Public Health Commission's health equity framework, theory of change regarding the elimination of racial and ethnic health inequities, and current grantmaking model. To conclude, the authors evaluate the grant model and offer lessons learned from providing multiyear regional grants to promote health equity.

  15. IMPACT OF EUROPEAN INTEGRATION ON COMPETITIVENESS OF CZECH REGIONS

    Directory of Open Access Journals (Sweden)

    Dušan Litva

    2017-12-01

    Full Text Available Economic integration supports removal of all obstacles (in economy, trade, tax, administration or industrial area and establishment of common rules for market competition. Basic benefit of economic integration is thus occurrence of real or potential competitiveness effects. European integration can influence competitiveness of firm, regions or countries. There are existing agglomeration forces causing space and economic concentration and disperse forces working just opposite way. Both effects are influenced by access to a single market and removal of trade barriers. As a consequence, agglomeration effects are expected to dominate. European Commission established RCI (Regional Competitiveness Index to enable comparison of competitiveness of European regions. Aim of this study is exploration of changes in competitiveness of Czech regions after accession to the European Union as there are no studies analysing regional competitiveness in Czech Republic as a consequence of European integration process via index based approach. Analysis of z statistics of primarily data published by European Commission is used to evaluate theoretical concept of disperse and agglomeration forces. Based on RCI analysis are obvious growing discrepancies with dominant position of Prague and Central Bohemia in comparison with other Czech Regions. Significant differences can be seen in areas of innovations, business sophistication and education. On the opposite, positively can be evaluated lower variability of competitiveness between Czech regions in indicators of infrastructure, institutions and technological readiness. Those indicators could be influenced by European cohesive and regional politics. Decisions on governmental level should follow Europe 2020 strategy and transformation to knowledge based economy.

  16. Conceptual design of radioactive waste repositories in geological formations. Report on a Workshop organized by the Commission of the European Communities in the frame of its R and D programme on radioactive waste management and storage at Brussels, February 13 and 14, 1979. [Clays, granites, and salt

    Energy Technology Data Exchange (ETDEWEB)

    Haytink, B [comp.

    1980-01-01

    Under the R and D programme on radioactive waste management and storage (indirect action 1975-1979) of the Commission of the European Communities, the Commission participates in design studies of waste repositories in different geological formations undertaken in various Member States. In order to achieve an exchange of available information and to discuss technical solutions the Commission organised a workshop which was attended by experts of all the organisations involved in these studies under the Community programme. From the presentations, summarized in this report, it appeared that design and feasibility studies of waste repositories in clay, salt and granite formations are in good progress. It may be concluded that such repositories can be realized with techniques available at present, however experimental facilities are needed to demonstrate the validity of the theoretical studies.

  17. Six elements of integrated primary healthcare.

    Science.gov (United States)

    Brown, Lynsey J; Oliver-Baxter, Jodie

    2016-03-01

    Integrated care has the potential to deliver efficiencies and improvements in patient experiences and health outcomes. Efforts towards integrated care, especially at the primary and community health levels, have increasingly been under focus, both nationally and internationally. In Australia, regional integration is a priority, and integration of care is a task for meso-level organisations such as Primary Health Networks (PHNs). This paper seeks to provide a list of elements and questions for consideration by organisations working across primary healthcare settings, looking to enact and improve the delivery of integrated care. Six elements that consistently emerged during the development of a series of rapid reviews on integrated primary healthcare in Australia are presented in this paper. The elements identified are context, governance and leadership, infrastructure, financing, engagement, and communication. They offer a starting point for reflection in the planning and practices of organisations in their drive for continuous improvements in integrated care.

  18. Variation in the Interpretation of Scientific Integrity in Community-based Participatory Health Research

    Science.gov (United States)

    Kraemer Diaz, Anne E.; Spears Johnson, Chaya R.; Arcury, Thomas A.

    2013-01-01

    Community-based participatory research (CBPR) has become essential in health disparities and environmental justice research; however, the scientific integrity of CBPR projects has become a concern. Some concerns, such as appropriate research training, lack of access to resources and finances, have been discussed as possibly limiting the scientific integrity of a project. Prior to understanding what threatens scientific integrity in CBPR, it is vital to understand what scientific integrity means for the professional and community investigators who are involved in CBPR. This analysis explores the interpretation of scientific integrity in CBPR among 74 professional and community research team members from of 25 CBPR projects in nine states in the southeastern United States in 2012. It describes the basic definition for scientific integrity and then explores variations in the interpretation of scientific integrity in CBPR. Variations in the interpretations were associated with team member identity as professional or community investigators. Professional investigators understood scientific integrity in CBPR as either conceptually or logistically flexible, as challenging to balance with community needs, or no different than traditional scientific integrity. Community investigators interpret other factors as important in scientific integrity, such as trust, accountability, and overall benefit to the community. This research demonstrates that the variations in the interpretation of scientific integrity in CBPR call for a new definition of scientific integrity in CBPR that takes into account the understanding and needs of all investigators. PMID:24161098

  19. Open Letter to the European Commission

    DEFF Research Database (Denmark)

    Savin, Andrej; Schwemer, Sebastian Felix

    2016-01-01

    to the information society. A key component of this acquis is the prohibition of general monitoring obligations to the benefit of providers of intermediary services. It is a means to achieve at least two central objectives: the encouragement of innovation as well as the protection of fundamental rights of all...... Internet users, namely the rights protected by Articles 8 and 11 of the European Convention of Human Rights. Yet, the proposed Copyright Directive, in particular, seems to negatively affect both the domain and effect of Article 15 of the E-commerce Directive. The signatories of this open letter therefore...... urge the European Commission to take into account the human rights dimension of Article 15 of the E-commerce Directive, as made explicit by the Court of the Justice of the European Union, and to make sure its implications are carefully examined across sectors. Authors: Sophie Stalla-Bourdillon Eleonora...

  20. Nuclear power use backed by EURATOM law. European Court of Justice ruling points the way ahead in cross-border litigation

    International Nuclear Information System (INIS)

    Schneider, Horst

    2010-01-01

    The Europeanization of nuclear safety has become highly evident with the adoption of the EURATOM Safety Directive of June 25, 2009. It will remain in the focus of public attention because its transposition into national law is to be completed by July 22, 2011. The subject of nuclear safety is treated also by the European Court of Justice (ECJ). The Court's rulings may even set the courses of events. It is not only EURATOM rules and regulations and secondary European law in the format of directives which are up for review, but also more extensive principles of European law. The main sources of dispute are the different nuclear energy policies and non-uniform safety regulations of member states. Cross-border events again and again trigger such disputes. One such constellation constitutes the background to the latest ECJ ruling of October 27, 2009 about nuclear safety and radiation protection. Action before an Austrian court was brought against a nuclear power plant situated in the Czech Republic and licensed by Czech authorities. Cessation of emissions of hazardous ionizing radiation by that plant and, thus, ultimately shutdown of that plant were demanded. The special feature of the case is the fact that the action was filed with an Austrian (civil) court and heard there. As the ECJ had commented in 2006 on a procedural question before legal proceedings were started, the issue at stake now was the right to bring action out of Austria against the nuclear power plant licensed in the Czech Republic. In Austrian law, there is no such right of cessation with respect to plants licensed in Austria, but only a right to claim damages. Against this background some thoughts are expressed about, and forecasts attempted of, European nuclear and radiation protection law. In this assessment, the difficult, multifaceted issues of European law rank second to the explanations of practical consequences for the development of nuclear power in EU member states. (orig.)

  1. Gendered violence and restorative justice: the views of victim advocates.

    Science.gov (United States)

    Curtis-Fawley, Sarah; Daly, Kathleen

    2005-05-01

    The use of restorative justice for gendered violence has been debated in the feminist literature for some time. Critics warn that it is inappropriate because the process and outcomes are not sufficiently formal or stringent, and victims may be revictimized. Proponents assert that a restorative justice process may be better for victims than court because it holds offenders accountable and gives victims greater voice. This article presents what victim advocates in two Australian states think about using restorative justice for gendered violence. We find that although victim advocates have concerns and reservations about restorative justice, most saw positive elements.

  2. The Court's Position on Cross-Border Losses: A Quest for the Well-Being of EU Citizens?

    NARCIS (Netherlands)

    Monteiro, R.; Kiers, M.

    2013-01-01

    On 6 September 2012, a new chapter was added to the cross-border loss relief litigation saga with the European Court of Justice's (the Court) ruling in Philips Electronics. This case concerned the compatibility of the British group relief regime with the freedom of establishment. Under this regime,

  3. Entities and «bodies» of territorial scope inferior to the municipality after the local reform of 2013

    Directory of Open Access Journals (Sweden)

    Rafael Pizarro Nevado

    2017-11-01

    Full Text Available Act 27/2013, of 27 December, on rationalization and sustainability of Local Administrations, deeply reformed the basic legislation on entities of territorial scope inferior to the municipality to adapt it to the principles of efficiency, budgetary stability and financial sustainability. This regulation was appealed before the Constitutional Court, which has resolved most of the appeals filed. Therefore it is convenient to determine which impact has Act 27/2013 finally had in the Autonomous Communities legislation on infra-municipal entities and which are the alternatives offered to little settlements that aspire to a greater and more direct participation in the government of the interests of its population. For this purpose, the constitutional doctrine on the state competence to regulate this type of entities, the scope of the reform and the options that are opened before the autonomous legislator are exposed first. Subsequently, the basic precepts that specifically refer to the traditional entities of territorial scope inferior to the municipality, which retain their legal personality and their status as local entities, and the new deconcentrated municipal bodies are analysed.

  4. Integration of Inter-Organisational Learning with Supply Chain Management: A Literature Review

    OpenAIRE

    Masimuddin Mohd Khaled

    2013-01-01

    This paper subsidises to the discussion of inter-organisational learning. This study has a main aim which is to examine the inter-organisational learning from a supply chain perspective. The integration and importance of supply chain with inter-organisational learning till date is discussed. The steps that are involved in the consideration of inter-organisational learning are looked throughout with emphasis done to supply chain management. The paper studies the impact of absorptive capacity, ...

  5. Service-Learning as a Model for Integrating Social Justice in the Nursing Curriculum.

    Science.gov (United States)

    Redman, Richard W.; Clark, Lauren

    2002-01-01

    A service learning nursing course grounded in social justice principles focused on minority health, poverty, environmental health, and medically underserved populations. Students worked in community agencies, advocated for the underserved, and reflected on the relationship of social justice and citizenship to nursing. (SK)

  6. Catalyzing Gender Equality-Focused Clean Energy Development in West Africa

    Energy Technology Data Exchange (ETDEWEB)

    2016-06-01

    The Economic Community of West African States (ECOWAS) Regional Center for Renewable Energy and Energy Efficiency (ECREEE) partnered with the Clean Energy Solutions Center (Solutions Center), the African Development Bank and other institutions to develop a Situation Analysis of Energy and Gender Issues in ECOWAS Member States. Through a systematic approach to assess interlinked gender and energy issues in the region, the report puts forth a number of key findings. This brochure highlights ECREEE's partnership with the Solutions Center and key findings from the report.

  7. The Role of Courts in Shaping Health Equity.

    Science.gov (United States)

    Hall, Mark A

    2017-10-01

    United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. Copyright © 2017 by Duke University Press.

  8. Genetics, criminal justice, and the minority community: An introduction for professionals in criminal justice. A report on the third annual convocation of the Justice George Lewis Ruffin Society

    Energy Technology Data Exchange (ETDEWEB)

    Croatti, R.D.

    1994-10-15

    The Justice George Lewis Ruffin Society is an organization founded in 1984 to support minority professionals in the Massachusetts criminal justice system. The Society began the sponsorship of statewide Convocations in 1992. These events provide minority criminal justice professionals with the opportunity to focus on pertinent topics through expert presentations, panel discussions, and peer interactions. Because of its increasing importance in the criminal justice process at large, and growing significance to the minority community in particular, the committee determined that the 1994 Convocation would focus on DNA. A decision was made to concentrate both on the science and the ethical and moral considerations pertinent to its application. The committee determined that along with expert presentations, a large portion of each day`s program should be devoted to workshops, designed to provide participants with an opportunity to review, test and discuss the material in a small group environment. Overall objectives of the Convocation were to provide minority and non-minority criminal justice professionals with a basic foundation in the science of genetics as well as current developments in genetic diagnostic technology, to highlight the actual and potential application of DNA technology to the criminal justice system and elsewhere, and to underscore the implications of these developments for criminal justice policy and the law.

  9. Juvenile Court Statistics - 1972.

    Science.gov (United States)

    Office of Youth Development (DHEW), Washington, DC.

    This report is a statistical study of juvenile court cases in 1972. The data demonstrates how the court is frequently utilized in dealing with juvenile delinquency by the police as well as by other community agencies and parents. Excluded from this report are the ordinary traffic cases handled by juvenile court. The data indicate that: (1) in…

  10. Judgement of the Court of Justice of the EU in respect to the law on excise duty on nuclear fuel. Only the first act of the drama?; EuGH-Urteil zur Kernbrennstoffsteuer. Nur des Dramas 1. Akt

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2015-07-15

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June 2015. The German Hamburg Finance Court had doubted whether the country's Nuclear Fuel Tax Act was compatible with European law. In the context of an action lodged by a nuclear power plant operator against this tax, the court had suspended the legal action and submitted various legal questions to the ECJ. The decision now taken by the ECJ is not really surprising considering that in his opinion, in February, the Advocate General had already argued that the tax was compatible. The Federal Constitutional Court must now decide whether the German concept of excise duty is to be interpreted in accordance with the EU directive issued to harmonise these very taxes or whether there is some flexibility allowing a different decision.

  11. Solidarity liability of federative entities and “side effects” for the right to health

    Directory of Open Access Journals (Sweden)

    Felipe Asensi

    2016-02-01

    Full Text Available The judicial enforcement of the right to health in Brazil raises advances and challenges for public policies. This article analyzes two judicial decisions from the 4th Region’s Federal Court in 2014 admitting the concurrent and solidary responsibility of federative entities in the supply of medicines. In both decisions, the appeal was allowed and the idea that federative entities have concurrent competence and solidarity in health was reinforced. On the one hand, a common example of interaction between the law and the health is observed in these decisions; on the other, a production of tensions and contradictions is identified. At first glance, the recognition of the solidary responsibility of federative entities may seem strongly positive from the user’s perspective, and this will lead to having more users going to courts to claim their right to health. However, from a management perspective, it brings challenges as there will be overpayment of some entities of the federation at the expense of others. In this sense, and based on cases, the main rules of competence currently used in health public policies will be presented. Major advances, limits and challenges of recognizing the solidary responsibility of federative entities as well as some “side effects” that some court decisions may bring will also be discussed.

  12. Adequacy of benefits, distributive justice and individual attitudes and behaviors: A case of public community colleges staff Adequacy of benefits, distributive justice and individual attitudes and behaviors: A case of public community colleges staff

    Directory of Open Access Journals (Sweden)

    Tan Cheekiong

    2008-10-01

    Full Text Available This study was conducted to examine the indirect effect of distributive justice in the relationship between adequacy of benefits and individual attitudes and behaviors (i.e., job satisfaction and organizational commitment using 190 usable questionnaires gathered from employees in Malaysian public community colleges (MPCOLLEGE sector. The outcome of stepwise regression analysis showed that the inclusion of distributive justice in the analysis had increased the effect of adequacy of benefits on job satisfaction and organizational commitment. Furthermore, this finding confirms that distributive justice does act as a full mediating variable in the benefits program model of the organizational sector sample. In addition, implications and limitations of this study, as well as directions for future research are discussed.This study was conducted to examine the indirect effect of distributive justice in the relationship between adequacy of benefits and individual attitudes and behaviors (i.e., job satisfaction and organizational commitment using 190 usable questionnaires gathered from employees in Malaysian public community colleges (MPCOLLEGE sector. The outcome of stepwise regression analysis showed that the inclusion of distributive justice in the analysis had increased the effect of adequacy of benefits on job satisfaction and organizational commitment. Furthermore, this finding confirms that distributive justice does act as a full mediating variable in the benefits program model of the organizational sector sample. In addition, implications and limitations of this study, as well as directions for future research are discussed.

  13. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Administrative control Immigration Courts. 1003.11 Section 1003.11 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  14. Substance abuse treatment and services by criminal justice and other funding sources.

    Science.gov (United States)

    Arfken, Cynthia L; Kubiak, Sheryl Pimlott

    2009-01-01

    Studies have found funding source, whether public or private, is associated with treatment and services offered in community-based agencies. However, the association of criminal justice funding with community-based treatment and services is unknown. Using a mixed method case study approach with 34 agencies within one state we assessed administrators' perspectives of the most important funding source, treatment and services offered. We found that agencies rely on multiple funding sources and the source rated most important was associated with treatment and services offered in the agency. Those agencies citing a criminal justice entity as the most important funder were more likely to offer specific ancillary services and adopt motivational interviewing than those citing private funds. Although client characteristics or training opportunities may determine these services and practices, the agency's most important funding source may have implications for services offered.

  15. THE CHILD JUSTICE ACT: A DETAILED CONSIDERATION OF SECTION 68 AS POINT OF DEPARTURE WITH RESPECT TO THE SENTENCING OF YOUNG OFFENDERS

    Directory of Open Access Journals (Sweden)

    Stephan Terblanche

    2012-12-01

    Full Text Available The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these interventions would be inadequate or unsuccessful, the Act provides for child offenders to the tried and sentenced in child justice courts. Until now there has been little discussion of the details of the provisions dealing with sentencing.Sentencing in a child justice court is regulated by chapter 10 of the Act and section 68 is the first section in this chapter. This section effectively amounts to the “jurisdictional” provision of the new child sentencing system: it not only mandates child justice courts to impose their sentences in terms of the Act, but also provides the first set of boundaries (or the first part of the framework within which sentencing should take place. Despite its brevity, section 68 is not without interpretative challenges. Of course, it has to be interpreted within the context of the entire Act. Explaining this context is the first function of this article. The various aspects of section 68 are further critically explored and discussed.

  16. Development of Community Mental Health Services: The Case of Emilia‐Romagna Italian Region

    Directory of Open Access Journals (Sweden)

    Angelo Fioritti

    2014-06-01

    Full Text Available Italian psychiatry has gained International attention after its radical reform of 1978, which established the progressive closure of mental hospitals and the establishment of community services throughout the country. However it is technically inappropriate to talk about Italian psychiatry as the devolution process has transferred to the regions all competences about policy, planning and evaluating health services. This explains the variety ofcommunity psychiatries” that can be found along the peninsula and the reasons of interest that can arise from their comparison. The development of community psychiatry in Emilia‐Romagna, a region of 4 million inhabitants in Northern Italy, has proceeded through two partially overlapping phases of deinstitutionalization (1978‐1997 and development of integrated mental health departments (1990‐2008. The analysis of raw data about allocation of resources and professional capital development give way to tentative comparisons with the current Portuguese situation of implementation of a similar reform. In 2006 the regional Council launched a three year project aimed at rethinking the welfare system and the integration of social and health services, considering the dramatic social and demographic changes occurring in the region. This project has implied also a three year process of redrafting mental health policy finalised in the Emilia‐Romagna Mental Health Action Plan 2009‐2011 approved by the council in March 2009. It basically follows two strategies: integration of health and social services and further qualification of health services. The former is pursued through a reshaping of the planning and commissioning bodies of both health and social services, previously separated and now merging. They are taking responsibility on many issues related to mental health care, such as prevention, mental health promotion, supported employment, supported housing, subsidies, self‐help. The improvement of

  17. Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

    Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

  18. Dealing with the mentally ill in the criminal justice system in Germany.

    Science.gov (United States)

    Konrad, Norbert; Lau, Steffen

    2010-01-01

    Mentally disordered prisoners in Germany are subject to special legal regulations, which can be traced back to the 1933 "Dangerous Habitual Offenders and their Detention and Rehabilitation Act". There are no special diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. In recent years the number of occupied beds in forensic psychiatric hospitals has continued to rise. At the same time the number of people in prisons has slightly decreased while there has been a slight increase in the number of available beds in general psychiatry. Germany experienced public and media concern about the risk posed by conditionally released mentally ill offenders and other perceived inadequacies in the criminal justice system. Therefore the way in which prisoners or forensic patients are supervised after they have been discharged was reformed in 2007 in order to assure a more efficient control of their conduct after their release from custody by means of mandatory treatment and monitoring. Special outpatient clinics were to assist discharged patients in complying with the conditions of probation and parole. However organisational structures for these specialised outpatient institutions vary within Germany because of its federal administration. This results in regional differences in conditions of treatment and probably in differences in quality as well, but surveys about the effects, efficacy or effectiveness of forensic outpatient treatment in Germany are scarce. Copyright 2010 Elsevier Ltd. All rights reserved.

  19. Sources of International Courts' Legitimacy: A comparative study

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

  20. Comprehensive Assessment of Integration Activity of Business Structures in Russian Regions

    Directory of Open Access Journals (Sweden)

    Mariya Gennad’evna Karelina

    2016-11-01

    Full Text Available In the context of economic sanctions and growing international isolation, the research into regional differences in integration development acquires special relevance for Russia; this fact determines the need for a comprehensive assessment of integration activity of business structures in Russian regions. The diversity of approaches to the study of problems and prospects of economic integration and the current debate about the role of integration processes in the development of regional economies determined a comprehensive approach to the concepts of “integration” and “integration activity” in order to create objective prerequisites for analyzing integration activity of business structures in the regions of Russia. The information base of the research is the data of Russian information and analytical agencies. The tools used in the research include methods for analyzing structural changes, methods for analyzing economic differentiation and concentration, nonparametric statistics methods, and econometric analysis methods. The first part of the paper shows that socio-economic development in constituent entities of Russia is closely connected with the operation of integrated business structures located on their territory. Having studied the structure and dynamics of integration activity, we reveal the growing heterogeneity of integration activity of business structures in Russian regions. The hypothesis about significant divergence of mergers and acquisitions for corporate structures in Russian regions was confirmed by high values of the Gini coefficient, the Herfindahl index and the decile differentiation coefficient. The second part of the paper contains a comparative analysis and proposes an econometric approach to the measurement of integration activity of business structures in subjects of the Russian Federation on the basis of integral synthetic categories. The approach we propose focuses on the development of a system of indicators

  1. SUBNATIONAL REGIONALISM IN A SUPRANATIONAL CONTEXT: THE CASE OF HUNGARY

    Directory of Open Access Journals (Sweden)

    David Ellison

    2008-04-01

    Full Text Available European economic integration drives a political economy of regionalism that—far more than traditional divisions between labor and capital—defines the principal axis of political-economic division in the New Europe. The New Economy drives a radical shift in EU policy from cohesion or redistribution toward innovation promotion, affecting distributional struggles and policy approaches at the EU, national and subnational levels. Shifting strategies pose significant challenges at the national and subnational levels with important implications for future EU, national and subnational economic and regional development policy goals. At the national level, and in particular less developed economies, the New Economy creates incentives for the increasing centralization of decision-making. EU-level reforms, such as the Lisbon Agenda and an increasing emphasis on cohesion as opposed to structural funding, do much to strengthen these trends. Subnational regions, at least in the near term, may be the principal losers. But such trends are likely to strengthen future demands for greater subnational political decentralization.

  2. Organisational Justice and Psychological Well-Being of Employees ...

    African Journals Online (AJOL)

    Nneka Umera-Okeke

    Findings showed the joint contribution of the three independent variables to the ... interactional justice promotes positive attitudes of job satisfaction, ... process for addressing mistakes and above all, employees are not treated with dignity, ... to depression, anxiety, irritability, emotional exhaustion and disengagement from fell.

  3. Dismantling the Justice Silos: avoiding the pitfalls and reaping the benefits of information-sharing between forensic science, medicine and law.

    Science.gov (United States)

    Kelty, Sally F; Julian, Roberta; Ross, Alastair

    2013-07-10

    Forensic science is increasingly relied on by police and the courts to exonerate the innocent and to establish links to crime. With this increased reliance the potential for unjust outcomes increases, especially in serious matters for two reasons. The more serious the matter, the more likely that evidence mishandling can lead to wrongful imprisonment, and the more likely the personnel involved will be multi-disciplinary (police, medicine, law, forensic science), and multi-organisational (Health, Justice, private legal/medical, police). The importance of identifying effective multi-organisational interactions was highlighted in the recent wrongful imprisonment of an Australian male for a sexual assault he did not commit. One factor that led to this unjust outcome was the justice silo effect: where forensic practitioners from different agencies operate in isolation (rarely communicating or sharing information/knowledge). In this paper we discuss findings from the Interfaces Project designed to assess the extent of the justice silos within Australia. We interviewed 103 police, forensic scientists, lawyers, judges, coroners, pathologists and forensic physicians Australian-wide. Five main themes were identified in the data: the silo effect was only partial and in each jurisdiction some form of inter-agency communication was actively occurring; inter-agency meetings were more common in homicide than sexual assault cases; forensic physicians were semi-invisible; there had been considerable momentum over the past ten years for practice improvement groups, and; practitioners gain more benefits than pitfalls from inter-agency information-sharing. Based on these findings, five recommendations are made for improving practice. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  4. 75 FR 36385 - Reliability Standards Development and NERC and Regional Entity Enforcement Supplemental Notice of...

    Science.gov (United States)

    2010-06-25

    ... Standards Development and NERC and Regional Entity Enforcement Supplemental Notice of Technical Conference... development and enforcement of mandatory Reliability Standards for the Bulk-Power System by the North American Electric Reliability Corporation and the Regional Entities. The conference will be held on Tuesday, July 6...

  5. THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

    Directory of Open Access Journals (Sweden)

    R.J. Sánchez

    2016-01-01

    Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.

  6. Relationship between the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia in respect of the adjudication of genocide

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2015-01-01

    Full Text Available By opting for the approach based on the dichotomy of individual criminal responsibility for the act of genocide and the responsibility of the State in both the Bosnian and Croatian Genocide cases, the International Court of Justice enabled the establishment of a jurisprudential connection with the judgments of the International Criminal Tribunal for the Former Yugoslavia. After outlining the reasons for adopting such an approach, which are classified as both positive and negative, the author offers an extensive analysis of the differences between the ICJ and ICTY, stressing the necessity to take these differences into account when considering the interconnection between the 'World Court' and the ICTY as a specialized tribunal. The paper focuses on the need for a balanced and critical approach to the jurisprudence of the ICTY as regards genocide, by differentiating between the Tribunal s factual and legal findings. The author insists that a substantive criterion, not a formal one, must be applied with a view to the proper assessment of the factual findings of the Tribunal in accordance with the standards of judicial reasoning of the ICJ. As regards the treatment of the ICTY's legal findings which relate to genocide, it is stressed that their uncritical acceptance would compromise the determination of the relevant rules of the Genocide Convention by the Court. Namely, the law applied by the ICTY as regards the crime of genocide is not equivalent to the relevant law established by the Convention and may be understood as its progressive development rather than its application.

  7. 16 CFR 1502.44 - Review by the courts.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Review by the courts. 1502.44 Section 1502.44 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING Judicial Review § 1502.44 Review by the courts...

  8. Dignity and the death penalty in the United States Supreme Court

    OpenAIRE

    Malkani, Bharat

    2016-01-01

    The US Supreme Court has repeatedly invoked the idea of dignity in its Eighth Amendment jurisprudence, particularly in cases involving capital punishment. However, it has never articulated a clear and consistent conception of dignity. The first half of this paper examines the Court's inconsistent use, and highlights how various justices have used different conceptions of human dignity, communitarian dignity, and institutional dignity to uphold the constitutionality of capital punishment. This...

  9. Social Justice Education in an Urban Charter Montessori School

    Directory of Open Access Journals (Sweden)

    Kira Banks

    2016-11-01

    Full Text Available As the Montessori Method continues its expansion in public education, a social justice lens is needed to analyze its contributions and limitations, given the increase in racial and socioeconomic diversity in the United States. Furthermore, much of the work in Social Justice Education (SJE focuses on classroom techniques and curriculum, overlooking the essential work of school administrators and parents, whose work significantly influences the school community. The current study applied an SJE framework to the efforts of one urban, socioeconomically and racially integrated Montessori charter school. We examined the extent to which SJE principles were incorporated across the school community, using an inductive, qualitative, case-study approach that included meetings, surveys, focus groups, and interviews. Administrators quickly adopted a system-wide approach, but parents—often color-blind or minimizing of the relevance of race—consistently resisted. Study results imply a continued need for an institutional approach, not solely a classroom or curricular focus, when integrating social justice into Montessori schools.

  10. Peer-Driven Justice: Development and Validation of the Teen Court Peer Influence Scale

    Science.gov (United States)

    Smith, Scott; Chonody, Jill M.

    2010-01-01

    The authors report a validation study of the Teen Court Peer Influence Scale (TCPIS), a newly developed scale, to examine its factor structure, reliability, and evidence of validity. Methods: The scale was disseminated to 202 participants in six teen courts in the state of Florida, and the authors conducted exploratory factor analyses. Content…

  11. The Industry Commission inquiry into charitable organisations.

    Science.gov (United States)

    Suter, K

    1996-01-01

    The Industry Commission has carried out Australia's largest inquiry into charities. It was, from the point of view of charities, an unsatisfactory operation, all the more so since it was not clear why the task had been given to the commission. This article examines the commission's work in three ways: the overall relationship between government and charities; the commission's proposed major reforms; and the minor reforms.

  12. A Research Framework for Understanding the Practical Impact of Family Involvement in the Juvenile Justice System: The Juvenile Justice Family Involvement Model.

    Science.gov (United States)

    Walker, Sarah Cusworth; Bishop, Asia S; Pullmann, Michael D; Bauer, Grace

    2015-12-01

    Family involvement is recognized as a critical element of service planning for children's mental health, welfare and education. For the juvenile justice system, however, parents' roles in this system are complex due to youths' legal rights, public safety, a process which can legally position parents as plaintiffs, and a historical legacy of blaming parents for youth indiscretions. Three recent national surveys of juvenile justice-involved parents reveal that the current paradigm elicits feelings of stress, shame and distrust among parents and is likely leading to worse outcomes for youth, families and communities. While research on the impact of family involvement in the justice system is starting to emerge, the field currently has no organizing framework to guide a research agenda, interpret outcomes or translate findings for practitioners. We propose a research framework for family involvement that is informed by a comprehensive review and content analysis of current, published arguments for family involvement in juvenile justice along with a synthesis of family involvement efforts in other child-serving systems. In this model, family involvement is presented as an ascending, ordinal concept beginning with (1) exclusion, and moving toward climates characterized by (2) information-giving, (3) information-eliciting and (4) full, decision-making partnerships. Specific examples of how courts and facilities might align with these levels are described. Further, the model makes predictions for how involvement will impact outcomes at multiple levels with applications for other child-serving systems.

  13. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  14. Intergovernmental organisation activities

    International Nuclear Information System (INIS)

    2013-01-01

    This section reviews the recent highlights of Intergovernmental organisation activities: - European Atomic Energy Community: Proposal for a Council Directive amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (COM/2013/715 final); Commission Implementing Regulation (EU) No.495/2013 of 29 May 2013 amending Implementing Regulation (EU) No.996/2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station; Council Decision of 15 July 2013 authorising certain Member States to ratify, or to accede to, the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 in the interest of the European Union and to make a declaration on the application of the relevant internal rules of Union law (2013/434/EU); Report from the Commission to the European Parliament, the Council and the Economic and Social Committee on the implementation by the Member States of Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel [COM(2013)240 final]; Commission Decision of 24 June 2013 on granting a Euratom loan in support of the Ukraine safety upgrade program of nuclear power units [C(2013)3496]; Signature of the Agreement between the government of South Africa and the European Atomic Energy Community for co-operation in the peaceful uses of nuclear energy, 18 July 2013; Renewal of the Agreement between the European Atomic Energy Community and the Korean Peninsula Energy Development Organisation (KEDO); Signature of the Memorandum of Understanding for a partnership between the European Atomic Energy Community and the International Atomic Energy Agency on nuclear safety co-operation, 17 September 2013; Commission Decision on the adoption of the Report of the European Atomic Energy Community for the Sixth Review Meeting of

  15. INTEGRATION OF SUSTAINABLE DEVELOPMENT AND QUALITY ON ORGANISATIONAL AND REGIONAL LEVEL

    Directory of Open Access Journals (Sweden)

    Aleksandra Kokic Arsic

    2016-09-01

    Full Text Available Subject of the article is an integration of quality management and sustainable development, with the basis of considerations of sustainable development and the structure of the key quality factors pointed to the possibility of achieving synergy of action on the most important variables, as well as the established model of integration of these two complex concepts. Areas of our study were 83 organizations in the region of Central Serbia. The study was based on questionnaires which contained 50 questions about the level of quality and sustainable development in the companies surveyed. Results of research highlights the most influenced variables in condition of constraints related to transition economy characteristics.

  16. Russian Model Of The Administrative Justice

    Directory of Open Access Journals (Sweden)

    Natalja I. Jaroshenko

    2014-12-01

    Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.

  17. Integrating an ecological approach into an Aboriginal community-based chronic disease prevention program: a longitudinal process evaluation

    Directory of Open Access Journals (Sweden)

    Maypilama Elaine

    2011-05-01

    Full Text Available Abstract Background Public health promotes an ecological approach to chronic disease prevention, however, little research has been conducted to assess the integration of an ecological approach in community-based prevention programs. This study sought to contribute to the evidence base by assessing the extent to which an ecological approach was integrated into an Aboriginal community-based cardiovascular disease (CVD and type 2 diabetes prevention program, across three-intervention years. Methods Activity implementation forms were completed by interview with implementers and participant observation across three intervention years. A standardised ecological coding procedure was applied to assess participant recruitment settings, intervention targets, intervention strategy types, extent of ecologicalness and organisational partnering. Inter-rater reliability for two coders was assessed at Kappa = 0.76 (p Results 215 activities were implemented across three intervention years by the health program (HP with some activities implemented in multiple years. Participants were recruited most frequently through organisational settings in years 1 and 2, and organisational and community settings in year 3. The most commonly utilised intervention targets were the individual (IND as a direct target, and interpersonal (INT and organisational (ORG environments as indirect targets; policy (POL, and community (COM were targeted least. Direct (HP→ IND and indirect intervention strategies (i.e., HP→ INT→ IND, HP→ POL → IND were used most often; networking strategies, which link at least two targets (i.e., HP→[ORG-ORG]→IND, were used the least. The program did not become more ecological over time. Conclusions The quantity of activities with IND, INT and ORG targets and the proportion of participants recruited through informal cultural networking demonstrate community commitment to prevention. Integration of an ecological approach would have been

  18. CIVIL JUSTICE IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    D. Van Loggerenberg

    2016-01-01

    Full Text Available The South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to meet the changing needs of society. Court delay and costinefficient procedural mechanisms, however, contribute to public dismay. The High Court, in the exercise of its inherent power to regulate its process, do so with the purpose of enhancing access to justice. The advantage of the system lies in the fact that it is not cast in stone but could, subject to the Constitution of the Republic of South Africa, 1996, be developed to make it more accessible to the public whilst protecting the public’s fundamental rights entrenched in the Constitution and, in this regard, particularly the right to afair trial embedded in sec. 34 of the Constitution. This contribution gives an overview of the system with reference to the court structure, the judiciary, the process in the High Court and its underlying principles, appeals, class actions and alternative civil dispute resolution mechanisms.

  19. What can China do to develop International Criminal Law and Justice further from the perspective of the International Criminal Court?

    Directory of Open Access Journals (Sweden)

    Hua Deng

    2016-06-01

    Full Text Available The Rome Statute, as well as the International Criminal Court (ICC, regarded as a worldwide mechanism for the fight for impunity and a better protection of human rights, has 124 State parties up to date. China, however, is still not a party to the Rome Statute, mainly because of five reasons. This article looks for promoting the academic research on the Rome Statute and the ICC to clarify some confusion, and strengthening the Chinese domestic legislation to make use of the principle of complementary jurisdiction to exclude the jurisdiction of the ICC at largest. It is possible for China to be ready to access to the Rome Statute and take part in the ICC club in the future, which is also a contribution of China to the development of the international criminal law and justice.

  20. Implementation of integrated therapies for comorbid post-traumatic stress disorder and substance use disorders in community substance abuse treatment programs.

    Science.gov (United States)

    Killeen, Therese K; Back, Sudie E; Brady, Kathleen T

    2015-05-01

    The high prevalence of trauma and post-traumatic stress disorder (PTSD) in individuals with substance use disorders (SUDs) presents a number of treatment challenges for community treatment providers and programs in the USA. Although several evidence-based, integrated therapies for the treatment of comorbid PTSD/SUD have been developed, rates of utilisation of such practices remain low in community treatment programs. The goal of this article was to review the extant literature on common barriers that prevent adoption and implementation of integrated treatments for PTSD/SUD among substance abuse community treatment programs. Organisational, provider-level and patient-level factors that drive practice decisions were discussed, including organisational philosophy of care policies, funding and resources, as well as provider and patient knowledge and attitudes related to implementation of new integrated treatments for comorbid PTSD and SUD. Understanding and addressing these community treatment challenges may facilitate use of evidence-based integrated treatments for comorbid PTSD and SUD. © 2015 Australasian Professional Society on Alcohol and other Drugs.

  1. Towards an interpretive measurement framework to assess the levels of integrated and integrative thinking within organisations

    Directory of Open Access Journals (Sweden)

    Daniel Schörger

    2015-07-01

    Full Text Available This research study is located within the context of corporate reporting and is relevant for the agenda of sustainability and sustainable development. The specific context for this study is the South African mining industry, within which three units in the form of three companies, were chosen to provide a coherent case for this study. The sample for the analysis is based on the integrated reports of these companies for the years 2012 and 2013. This gives this research a total sample size of six reports. Based on the research findings an initial interpretive measurement framework to assess the levels of capital integration has been theorised which enables the various stakeholders of an organisation to assess the integrated and integrative thinking capabilities. The level of integration is represented as a maturity scale on which integrated thinking is associated with the lower levels, while integrative thinking is attributed to higher levels of maturity. In the elaborated framework, integrated thinking is perceived as being a prerequisite for integrative thinking. The practical implication of this study is that it provides a potential measurement framework for various organisational stakeholders, including investors, to assess the thinking capabilities that are more likely to lead to long term financial stability and sustainability. The value of this research study is that it provides an initial step towards measuring the level of integrated and integrative thinking capabilities within organisations where no such measurement framework currently exists. The limitations and implications of this research study are that the interpretive measurement framework represents merely an initial step and an ongoing working hypothesis which requires further research to develop its maturity and usefulness.

  2. Multi-scale structural community organisation of the human genome.

    Science.gov (United States)

    Boulos, Rasha E; Tremblay, Nicolas; Arneodo, Alain; Borgnat, Pierre; Audit, Benjamin

    2017-04-11

    Structural interaction frequency matrices between all genome loci are now experimentally achievable thanks to high-throughput chromosome conformation capture technologies. This ensues a new methodological challenge for computational biology which consists in objectively extracting from these data the structural motifs characteristic of genome organisation. We deployed the fast multi-scale community mining algorithm based on spectral graph wavelets to characterise the networks of intra-chromosomal interactions in human cell lines. We observed that there exist structural domains of all sizes up to chromosome length and demonstrated that the set of structural communities forms a hierarchy of chromosome segments. Hence, at all scales, chromosome folding predominantly involves interactions between neighbouring sites rather than the formation of links between distant loci. Multi-scale structural decomposition of human chromosomes provides an original framework to question structural organisation and its relationship to functional regulation across the scales. By construction the proposed methodology is independent of the precise assembly of the reference genome and is thus directly applicable to genomes whose assembly is not fully determined.

  3. Restorative Justice, Reintegration, and Race: Reclaiming Collective Identity in the Postracial Era

    Science.gov (United States)

    Utheim, Ragnhild

    2014-01-01

    Restorative justice has gained ascendancy within both judicial systems and educational settings through which court-involved youth are resocialized as part of reintegration intervention. This article explores the conflict over collective representation at the intersections among public education, criminal justice, and restorative intervention. The…

  4. Public Interests in the International Court of Justice—A Comparison Between Nuclear Arms Race and South West Africa

    NARCIS (Netherlands)

    Venzke, I.

    2017-01-01

    In the present essay I compare the 2016 judgment of the International Court of Justice (ICJ) in Nuclear Arms Race (Marshall Islands v. United Kingdom) with the Court's 1966 judgment in South West Africa (Ethiopia v. South Africa; Liberia v. South Africa). A series of similarities between the two

  5. Effects of Juvenile Court Exposure on Crime in Young Adulthood

    Science.gov (United States)

    Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

    2013-01-01

    Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…

  6. How Swedish communities organised themselves in reviewing a safety case

    International Nuclear Information System (INIS)

    Soderblom, Anna-Lena

    2014-01-01

    Full text of publication follows: In 2009 the Swedish nuclear waste management company, SKB, choose Forsmark in the municipality of Oesthammar as the best place for a repository for spent nuclear fuel. In 2011, as a natural follow-up, SKB presented applications to two Swedish authorities, the Land and Environmental Court and the Swedish Radiation Safety Authority. The municipality of Oesthammar has together with the municipality of Oskarshamn been an active part in the process since 1994, with different local organisations financed by the Swedish nuclear fund. Three leading themes form the basis for our participation - voluntarism, complete openness of plans and results and participation with the possibility to influence. Site investigations for a repository started in 2002 and were finished when SKB selected Oesthammar municipality in the middle of 2009. To follow and scrutinise both site investigations as well as the applications, the organisation within the municipality has changed over time. As the site selection process got underway, the municipality extended its organisation to three committees (EIA, long-term safety and consultation). The committees have respective objectives: reviewing the health and environmental impact, reviewing the long-term safety and communication about the work that is going on within and around the municipality. These are primarily political committees to which a unit of civil servants is attached. The main goal for the organisation is to build up knowledge skills and prepare both the existing as well as the future municipality council for the decision of whether or not the municipality of Oesthammar will accept a final repository for spent nuclear fuel in our municipality. The absolutely most important issue for the municipality is long term-safety and as the process has progressed the municipality has made several statements to the authorities. (authors)

  7. 75 FR 39244 - Reliability Standards Development and NERC and Regional Entity Enforcement; Further Notice...

    Science.gov (United States)

    2010-07-08

    ... Standards Development and NERC and Regional Entity Enforcement; Further Notice Concerning Technical... convene a Commissioner-led technical conference regarding issues pertaining to the development of... Corporation and the Regional Entities as previously announced.\\1\\ \\1\\ Notice of Technical Conference, 75 FR 35...

  8. 5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

    Science.gov (United States)

    2010-01-01

    ... the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must...

  9. Metrics of Justice. A Sundial's Nomological Figuration.

    Science.gov (United States)

    Behrmann, Carolin

    2015-01-01

    This paper examines a polyhedral dial from the British Museum made by the instrument maker Ulrich Schniep, and discusses the status of multifunctional scientific instruments. It discerns a multifaceted iconic meaning considering different dimensions such as scientific functionality (astronomy), the complex allegorical figure of Justice (iconography), and the representation of the sovereign (politics), the court and the Kunstkammer of Albrecht v of Bavaria. As a numen mixtum the figure of "Justicia" touches different fields that go far beyond pure astronomical measurement and represents the power of the ruler as well as the rules of economic justice.

  10. 16 CFR 1.62 - Ancillary court orders pending review.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Ancillary court orders pending review. 1.62 Section 1.62 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL PROCEDURES Injunctive and Condemnation Proceedings § 1.62 Ancillary court orders pending review...

  11. Commissioning and integration testing of the DAQ system for the CMS GEM upgrade

    CERN Document Server

    Castaneda Hernandez, Alfredo Martin

    2017-01-01

    The CMS muon system will undergo a series of upgrades in the coming years to preserve and extend its muon detection capabilities during the High Luminosity LHC.The first of these will be the installation of triple-foil GEM detectors in the CMS forward region with the goal of maintaining trigger rates and preserving good muon reconstruction, even in the expected harsh environment.In 2017 the CMS GEM project is looking to achieve a major milestone in the project with the installation of 5 super-chambers in CMS; this exercise will allow for the study of services installation and commissioning, and integration with the rest of the subsystems for the first time. An overview of the DAQ system will be given with emphasis on the usage during chamber quality control testing, commissioning in CMS, and integration with the central CMS system.

  12. Principles of subsidiarity and proporcionality in tax law enforcement

    Directory of Open Access Journals (Sweden)

    Karina Ponomareva

    2017-01-01

    Full Text Available Subject. The principles of subsidiarity proportionality, which serve as the basic principles fordetermining the competence of integration associations, are considered in the article.Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligationsderiving from the EU legal order in order to address the relationships between EU lawand national tax law, as well as to analyse the practice of using of principles of subsidiarity andproportionality by the highest courts of the Russian Federation as a federal state.Methodology. The author uses methods of theoretical analysis, particularly the theory ofintegrative legal consciousness, as well as legal methods, including formal legal method andcomparative law.Results, scope. The exercise of power by the European Union in the areas of shared competencemust respect the principle of subsidiarity. The founding Treaties make clear thatsubsidiarity is a legal enforceable legal principle. However. the case law of the EuropeanCourt of Justice reveals that the enforcement of subsidiarity as a judicial principle has beenineffective.The article examines cross-border loss relief for group companies in the context of EuropeanUnion law and considers how this has affected Member States such as the UK. Thecase law of the Court of Justice is then analysed in an attempt to assess whether some ofthe principles set out in these legislative initiatives found their way to Member State lawsthrough the Court's jurisprudence. Following this, the judicial and legislative response tothe Marks & Spencer judgment in the UK are critically assessed.The practical suggestions are looking at developing EU compatible tax principles to be appliedto cross-border taxation within the EU.Having considered the principles of subsidiarity and proportionality in the context of interactionbetween integration and national tax law, the author suggests directions for improvingthe practice of integration tax law. The

  13. Integration of the primary health care approach into a community nursing science curriculum.

    Science.gov (United States)

    Vilakazi, S S; Chabeli, M M; Roos, S D

    2000-12-01

    The purpose of this article is to explore and describe guidelines for integration of the primary health care approach into a Community Nursing Science Curriculum in a Nursing College in Gauteng. A qualitative, exploratory, descriptive and contextual research design was utilized. The focus group interviews were conducted with community nurses and nurse educators as respondents. Data were analysed by a qualitative descriptive method of analysis as described in Creswell (1994: 155). Respondents in both groups held similar perceptions regarding integration of primary health care approach into a Community Nursing Science Curriculum. Five categories, which are in line with the curriculum cycle, were identified as follows: situation analysis, selection and organisation of objectives/goals, content, teaching methods and evaluation. Guidelines and recommendations for the integration of the primary health care approach into a Community Nursing Science Curriculum were described.

  14. Integration of the primary health care approach into a community nursing science curriculum

    Directory of Open Access Journals (Sweden)

    SS Vilakazi

    2000-09-01

    Full Text Available The purpose of this article is to explore and describe guidelines for integration of the primary health care approach into a Community Nursing Science Curriculum in a Nursing College in Gauteng. A qualitative, exploratory, descriptive and contextual research design was utilized. The focus group interviews were conducted with community nurses and nurse educators as respondents. Data were analysed by a qualitative descriptive method of analysis as described in Creswell (1994:155. Respondents in both groups held similar perceptions regarding integration of primary health care approach into a Community Nursing Science Curriculum. Five categories, which are in line with the curriculum cycle, were identified as follows: situation analysis, selection and organisation of objectives/ goals, content, teaching methods and evaluation. Guidelines and recommendations for the integration of the primary health care approach into a Community Nursing Science Curriculum were described.

  15. Social justice and intercountry adoptions: the role of the U.S. social work community.

    Science.gov (United States)

    Roby, Jini L; Rotabi, Karen; Bunkers, Kelley M

    2013-10-01

    Using social justice as the conceptual foundation, the authors present the structural barriers to socially just intercountry adoptions (ICAs) that can exploit and oppress vulnerable children and families participating in ICAs. They argue that such practices threaten the integrity of social work practice in that arena and the survival of ICA as a placement option. Government structures, disparity of power between countries and families on both sides, perceptions regarding poverty, cultural incompetence, misconceptions about orphans and orphanages, lack of knowledge about the impact of institution-based care, and the profit motive are driving forces behind the growing shadow of unethical ICAs. The U.S. social work community has a large role and responsibility in addressing these concerns as the United States receives the most children adopted through ICAs of all receiving countries. In addition to the centrality of social justice as a core value of the profession, the responsibility to carry out ethical and socially just ICA has recently increased as a matter of law, under the implementation legislation to the Hague Convention on Intercountry Adoption. While acknowledging that these issues are complex, authors provide suggestions for corrective policy and practice measures.

  16. AN EMPIRICAL ANALYSIS OF STATE COURTS: DILEMMAS, PARADOXES AND PERPLEXITIES

    Directory of Open Access Journals (Sweden)

    Morgana Paiva Valim

    2015-12-01

    Full Text Available This article is a cut on the ideologies and practices recommended by the State Court of Rio de Janeiro compared to the Special Courts. The organization of this body reflects the tensions and conflicts that permeate the legal field and show that through their practices maintenance convictions of power relations emerge the politicization of the agents in this locus. For sure, the state nods proposals considered innovative and socially oriented as electronic application with the aim of optimizing the administration of the court and made to minimize questions of efficiency and effectiveness of their services. The objective was to thus mark since the creation, construction and development activities as a mechanism for an observational reading inspired by the anthropology, also verified the categories of access to justice and citizenship.

  17. 4 pitfalls to clinical integration.

    Science.gov (United States)

    Redding, John

    2012-11-01

    Four common mistakes can easily thwart clinical integration: Assuming that EHR adoption is the cornerstone of successful integration; Delaying the development of ambulatory services that support clinical integration; Believing that knowledge of clinical integration initiatives will passively diffuse through the ranks; Attaching too much weight to Federal Trade Commission/Department of Justice approval of a clinical integration model.

  18. Canadian Civil Justice: Relief in Small and Simple Matters in an Age of Efficiency

    NARCIS (Netherlands)

    J. Silver (Jonathan); T.C.W. Farrow (Trevor)

    2015-01-01

    textabstractCanada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in

  19. Combating Methamphetamine Use in the Community: The Efficacy of the Drug Court Model

    Science.gov (United States)

    Listwan, Shelley Johnson; Shaffer, Deborah Koetzle; Hartman, Jennifer L.

    2009-01-01

    Methamphetamine use was historically a problem facing Western states; however, in recent years it has methodically spread throughout the nation. Methamphetamine use impacts communities, families, and the criminal justice system in a variety of ways. As such, many jurisdictions are developing policies to reduce the sale and consumption of this drug…

  20. UNIÓN EUROPEA Y FINANCIACIÓN AUTONÓMICA: LA JURISPRUDENCIA DEL TRIBUNAL DE JUSTICIA SOBRE LOS SISTEMAS TRIBUTARIOS DE LOS ENTES TERRITORIALES SUBESTATALES

    Directory of Open Access Journals (Sweden)

    José Martín y Pérez de Nanclares

    2009-04-01

    Full Text Available The matter of financing sub-State territorial entities is a relevant matter in which Spain is becoming subject to a controversial political and juridical debate. We find ourselves faced with an internal matter and, due to this, each Member State is charged with regulating its articulation according to its national constitutional framework. However, that freedom of internal regulation must be adapted to the Community juridical framework in all cases and not clash with any Community regulations, most particularly, with those related to the juridical regime on State subsidies.Thus, the Courts of Justice of the European Union have successively prepared jurisprudence that began with the Azores case (2006 and was confirmed in the UGT-Rioja case (2008, by virtue of which certain criteria are determined that must coincide in order that a tax subsystem in the autonomous regions – such as that available in the Basque Country and Navarra – may cohabit harmoniously with the national tax system without incurring breach of the juridical regime of State aid foreseen in the Constituting Treaties. Such criteria may be considered as a two-fold system: on one hand, the existence of an asymmetry of competences recognized in constitutional terms between the sub-State territory and the national territory in which it is integrated and, on the other hand, for the sub-State entity to have sufficient autonomy, both in institutional terms, as well as in procedural and economic ones.

  1. The gloss to the Court of Justice of the European Union judgment dated 16th of November 2017 in case Kozuba Premium Selection Sp. z o.o. (limited liability company versus Director of Tax Chamber in Warsaw (Poland, C-308/16

    Directory of Open Access Journals (Sweden)

    Joanna Koziollek

    2018-03-01

    Full Text Available The voting judgment of the Court of Justice of the European Union concerns the interpretation of the concept of first settlement in the European Union tax law as well as the possibility of introducing limitations of this concept in national laws. The subject of the CJEU judgment issued in connection with the question asked by the Polish Supreme Administrative Court, bearing in mind the specificity of preliminary rulings, is not the interpretation of factual issues that were raised before the national court or even more the settlement of possible differences resulting from the understanding of internal laws of the member states. The answer given by the CJEU, as well as the argumentation adopted by this Court, allows to make important findings regarding the proper implementation of the provisions of Directive 112 into the Polish legal system, and consequently to clarify existing doubts regarding the concept of first settlement.

  2. PEMBATASAN HAK KASASI DAN KONSEKUENSI HUKUM BAGI PENCARI KEADILAN DALAM SISTEM PERADILAN TATA USAHA NEGARA DI INDONESIA / The Restriction of Cassation Right and the Consequence for Justice Seeker in Indonesian Administrative Justice System

    Directory of Open Access Journals (Sweden)

    Agus Budi Susilo

    2016-07-01

    There were appeal legal effort, cassation and judicial review on Administrative Court. After the Supreme Court Act article 45A paragraph (2 letter c was applied, it was determined that not all administrative settlement dispute can be filled to cassation legal effort. The setting restriction poses legal problems to justice seekers. This article aims to study the solution of cassation rights setting restrictions so that it can be mutual for administrative justice seekers. Based on the analysis that has been done it can be concluded that the regulation on Supreme Court Act article 45A paragraph (2 letter c Act number 5 2014 was not clear in procedures and substantive. Thus the setting restriction in cassation legal effort has to consider the aspect of quality and cases type.

  3. The European Community and crisis adaptation: The impact of the 1973 oil crisis on European integration

    Energy Technology Data Exchange (ETDEWEB)

    Mahurin, R.P.

    1991-01-01

    This study investigates relationships that emerged between European Economic Community and Arab League nations during the period 1970-1978, with special attention to the period immediately following the October 1973 Arab-Israeli war and the Arab oil embargo of 1973-74. The central argument is that European integration can be measured and understood from three different levels of analysis: not only the systems or supranational level (to which neofunctionalists and federalists have largely confined their investigations), but from the nation-state and the subnational levels also. This view is justified in the context of complex interdependencies in the work of Joseph Nye and Robert Keohane. From this perspective, nation-state and subnational-level data take on a new importance. This study collected data on the nature, level, and intensity of contracts between actors within each of these three levels. The study finds at all these levels strong evidence of increased collective and convergent activity which, in the context of complex interdependencies, points to a complex but clearly advancing process of European integration during the period under investigation.

  4. The European Community and crisis adaptation: The impact of the 1973 oil crisis on European integration

    International Nuclear Information System (INIS)

    Mahurin, R.P.

    1991-01-01

    This study investigates relationships that emerged between European Economic Community and Arab League nations during the period 1970-1978, with special attention to the period immediately following the October 1973 Arab-Israeli war and the Arab oil embargo of 1973-74. The central argument is that European integration can be measured and understood from three different levels of analysis: not only the systems or supranational level (to which neofunctionalists and federalists have largely confined their investigations), but from the nation-state and the subnational levels also. This view is justified in the context of complex interdependencies in the work of Joseph Nye and Robert Keohane. From this perspective, nation-state and subnational-level data take on a new importance. This study collected data on the nature, level, and intensity of contracts between actors within each of these three levels. The study finds at all these levels strong evidence of increased collective and convergent activity which, in the context of complex interdependencies, points to a complex but clearly advancing process of European integration during the period under investigation

  5. A Treasure Trove of Information for Justice Reform

    Directory of Open Access Journals (Sweden)

    Ingo Keilitz

    2015-07-01

    Full Text Available This article is a review of European Judicial Systems – Edition 2014 (2012 Data: Efficiency and Quality of Justice, European Commission for the Efficiency of Justice, available online in full and summary versions at www.coe.int/cepej.

  6. Supranational institutions as central stakeholders during eurozone debt crisis in 2008-2012

    Directory of Open Access Journals (Sweden)

    Viljar Veebel

    2013-12-01

    Full Text Available The financial crisis in the Eurozone is combining several new interdisciplinary debates. Has the financial crisis been caused by the decisions of the political actors or rather by complicated economic dilemmas? In what way have the different social stakeholders acted during the years of the crisis and which of the groups have had biggest influence in different stages of the crisis? Why and how national political elites have lost their dominant position in crisis management and which were the cornerstones of this power transition process and what role have the supranational institutions like the European Commission and the European Central Bank played during the crisis? Accordingly, the main goal of the article is to define crucial events and stakeholders in Eurozone crisis solution process by using empirical process tracking and narrative analysis as research methods. This article will also look on the possible interests and future actions of the Eurozone stakeholders based on the last four years´ experience. It will also be inquired into how and why national political elites and citizens delegated their democratic competences and powers to non-electable institutions during Eurozone crisis.

  7. An Integrative Approach to Developing Organisational Capabilities and Individual Skills

    OpenAIRE

    Murnane, Sinéad; Thornley, Clare

    2017-01-01

    The tightly coupled relationship between organisational capability and the skills and competences of the individuals working in that organisation has long been recognised in both the academic literature and by the practitioner community. Simply improving individuals’ skills and hoping that the organisation’s capability automatically improves in tandem is not sufficient, however. This relationship is non-trivial and needs to be actively managed, meaning that people need to have shared goals ...

  8. Is It Now Institutionally Appropriate for the Courts to Consider Whether the Assisted Dying Ban is Human Rights Compatible? Conway V Secretary of State for Justice.

    Science.gov (United States)

    Hobson, Clark

    2017-11-07

    Noel Conway has ultimately been granted permission to apply for judicial review, to seek a declaration under section 4(2) Human Rights Act 1998 that section 2(1) Suicide Act 1961 is incompatible with his right to respect for private life under Article 8(1) ECHR. Both decisions in the application process are significant. They attempt to deal with the qualitative elements in the reasoning of Lords Neuberger, Mance and Wilson, in Nicklinson v Ministry of Justice: what Parliament is required to have done to have 'satisfactorily addressed' the question of relaxing or modifying section 2(1) Suicide Act. In failing to consider the explicit use of qualitative reasoning, both courts fail to interpret Nicklinson properly-that Parliament must change the law, with a declaration of incompatibility likely if it failed to do so. The Court of Appeal was correct to overrule the High Court's unqualified approach to whether it was now institutionally appropriate for a court to consider issuing a declaration of incompatibility, for the purposes of granting permission to apply for judicial review. However, the Court of Appeal directly signals their belief that a range of primary evidence bears out a system of assisted suicide for those in Mr Conway's position could feasibly be devised. This question though, as to evidence of a feasible system in the future, is irrelevant to whether permission to apply for judicial review should be granted to argue it is institutionally appropriate to make a declaration of incompatibility regarding current legislation. This is a problem Nicklinson has made for assisted dying and incompatibility debates. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  9. The new architecture of the European Union

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2011-01-01

    Full Text Available The Lisbon Treaty has brought significant changes into the architecture of the European Union. The most important novelty, however, is the establishment of a full unity of the Union structure achieved by creating new and strengthening the existing elements. The new elements of this unity are the disappearance of the European Community, the 'independence' of the European Atomic Energy Community, constituting the European Union as a single entity and the introduction of EU values. At the same time, the Lisbon Treaty has strengthened the existing elements of the common institutional mechanisms, rules on amending the founding treaties and EU membership. However, constituting the Union as a single entity which has replaced and succeeded the European Communities has not abolished the EU elements of diversity. In the areas that differed, even before the adoption of the Lisbon Treaty, from the community pillar, there remain significant differences in the nature and the scope of competences of the Union institutions. This mainly regards the common foreign and security policy, which now includes the defense policy, where the existing model of inter-state cooperation has been only slightly interfered with. In contrast, in the field of police and judicial cooperation in criminal matters, which has become part of a larger Area of Freedom, Security and Justice, the inter-state model of cooperation has been abandoned in some of its most important elements. However, the implementation of some of the important elements of the supranational model has been postponed.

  10. Globalization & technology

    DEFF Research Database (Denmark)

    Narula, Rajneesh

    Technology and globalization are interdependent processes. Globalization has a fundamental influence on the creation and diffusion of technology, which, in turn, affects the interdependence of firms and locations. This volume examines the international aspect of this interdependence at two levels...... of innovation" understanding of learning. Narula and Smith reconcile an important paradox. On the one hand, locations and firms are increasingly interdependent through supranational organisations, regional integration, strategic alliances, and the flow of investments, technologies, ideas and people...

  11. Justice in Post-Conflict Settings: Islamic Law and Muslim Communities as Stakeholders in Transition

    Directory of Open Access Journals (Sweden)

    Corri Zoli

    2017-08-01

    Full Text Available This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.

  12. Biometric System Vulnerability as a Compromising Factor for Integrity of Chain of Custody and Admissibility ofDigitalEvidence in Court of Justice: Analysis and Improvement Proposal

    Directory of Open Access Journals (Sweden)

    Zoran Cosic

    2014-06-01

    Full Text Available Biometric systems play an important role in digital investigation process as a important factor of authentication and verification applications, since they are strongly linked to the holder of a biometric  traits  and  possible  suspect.  Thus  it  is  important  that  biometric  systems  can  be designed  to  withstand  attacks  when  employed  in  security-critical  applications,  especially  in unattended  remote  applications  such  as  energy  plants,  access  to  borders  at  airports,  ecommerce  etc.  Biometric  recognition  either  raises  important  legal  issues  of  remediation, authority,  and  reliability,  and,  of  course,  privacy.  The  standard  assumptions  of  the technologists  who  design  new  techniques,  capabilities,  and  systems  are  very  different  from those embedded in the legal  system.  Legal precedent on the  use of biometric technology is growing, with some key cases going back decades and other more recent cases having raised serious questions about the admissibility of biometric evidence in court. In this paper authors is about to explain influence of reliability of biometric system on general acceptance of digital evidence  in  Court  of  Justice  process.  Through  paper  authors  are  also  about  to  propose vulnerability assessment of biometric system as improvementfactor of reliability of existing methodology  for  preserving  chain  of  custody  of  digital  evidence  called  DEMF  (Digital Evidence Management Framework. Improvement proposal is presented as an introduction of phase  of  biometric  vulnerability  evaluation  methodology  within  proposedframework called APDEMF (Admissibility procedure of DEMF. Using UML (Universal Modeling Language modeling  methodology  authors  are  about  to  represent  a  APDEMF  framework  which  will describe essential phases of the same process.

  13. Resilience Safety Culture in Aviation Organisations

    OpenAIRE

    Akselsson, R.; Koornneef, F.; Stewart, S.; Ward, M.

    2009-01-01

    Chapter 2: Resilience Safety Culture in Aviation Organisations The European Commission HILAS project (Human Integration into the Lifecycle of Aviation Systems - a project supported by the European Commission’s 6th Framework between 2005-2009) was focused on using human factors knowledge and methodology to address key challenges for aviation (current and future) including a performance based approach for safety and fatigue management in the aviation sector, mainly inflight operations and maint...

  14. Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities

    Directory of Open Access Journals (Sweden)

    Willene Holness

    2014-12-01

    Full Text Available The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations

  15. Is justice deferred, justice denied? Not necessarily

    OpenAIRE

    Ryder, N.; Palmer, A.

    2016-01-01

    At long last, the Serious Fraud Office has received a major boost in its prosecution of bribery. Serious Fraud Office v Standard Bank PLC is a landmark case because it is not only the first case where the SFO has looked to prosecute a commercial organisation for failure to prevent bribery under Bribery Act 2010, but the first occasion where it has sought to enter a Deferred Prosecution Agreement under Crime and Courts Act 2013.

  16. An integrated framework to address climate change (ESCAPE) and further developments of the global and regional climate modules (MAGICC)

    International Nuclear Information System (INIS)

    Hulme, M.; Raper, S.C.B.

    1995-01-01

    ESCAPE (the Evaluation of Strategies to address Climate change by Adapting to and Preventing Emissions) is an integrated climate change assessment model constructed between 1990 and 1992 for DG XI of the Commission of the European Community by a consortium of research institutes headed by the Climatic Research Unit (CRU). It has been designed to enable the user to generate future scenarios of greenhouse gas emissions (through an energy-economic model), examine their impact on global climate and sea level (through two independent global climate models), and illustrate some of the consequences of this global climate change at a regional scale for the European Community (through a regional climate scenario generator and impact models). We provide a very brief overview of the ESCAPE model which, although innovative, suffers from a number of major limitations. Subsequent work in the CRU has concentrated on improvements to the global climate module and work has also commenced on an improved regional climate scenario generating module. These improvements will lead to a new integrated climate change assessment model, MAGICC (Model for the Assessment of Greenhouse gas Induced Climate Change) which can easily be incorporated into new larger integrated frameworks developed by other institutes. (Author)

  17. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    Traditionally, the Court of Justice of the European Coal and Steel Community (ECSC) has mainly been considered the somewhat dull predecessor to the more famous Court of Justice of the European Communities, which in 1963-64 ‘constitutionalised’ the Treaties of Rome with the seminal judgments of Van...... Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...

  18. Grounds for the Specialization of Courts and Judges in Russia

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

    Full Text Available This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specialization of judges, it is more diversified and is presented by either creation of separate types of procedure (special proceedings, proceedings on cases arising from public relations and some other, or by introduction of special rules on jurisdiction that establish competence of specific courts to consider cases of a particular category: on the compensation for the excessive time taken to consider a case, on the adoption of a child by a foreign national and others.An analysis of existing literature on the issue in question shows that Russian scholars support the idea of judges’ specialization. Against specialization of courts the following arguments are brought: significant material costs, not being in accordance with the small number of cases decided by specialized courts; problems with access to justice; and the necessity to give special training to narrowly specialized judges.

  19. The role of the Joint Research Centre from the European Commission in the European Structural Integrity Networks AMES, ENIQ and NESC

    International Nuclear Information System (INIS)

    Estorff, U. von; Torronen, K.

    1999-01-01

    Due to the reduction in many countries of the research budget for nuclear safety several European institutions and organisations and the Institute for Advanced Materials (IAM) of the Joint Research Centre (JRC) of the European Commission (EC) have developed co-operative programmes now organised into 'Networks' for mutual benefit. They include utilities, engineering companies, research and development (R and D) laboratories and regulatory bodies. These Networks are all organised and managed in a similar way, i.e. like the successful Programme for the Inspection of Steel Components (PISC). The IAM plays the role of Operating Agent, Reference Laboratory and Network Manager of these Networks: European Network on Ageing Materials Evaluation and Studies (AMES), European Network for Inspection Qualification (ENIQ) and Network for Evaluating Steel Components (NESC), each of them dealing with a specific aspect of fitness for purpose of materials in structural components. This article will describe how the network organisation works, which was the positive experience from the past, why the networks are a tool for integrating fragmented research in Europe and how they fit into the mission of the JRC and therefore follow the EC policy. (orig.)

  20. Federal Energy Regulatory Commission (FERC) Regions

    Data.gov (United States)

    Department of Homeland Security — Federal Energy Regulatory Commission (FERC) Regions. FERC is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil....

  1. Sources of organisational resiliency during the Thailand floods of 2011: a test of the bonding and bridging hypotheses.

    Science.gov (United States)

    Andrew, Simon; Arlikatti, Sudha; Siebeneck, Laura; Pongponrat, Kannapa; Jaikampan, Kraiwuth

    2016-01-01

    Based on the Institutional Collective Action framework, this research tests the impact of two competing hypotheses--bonding and bridging--on enhancing organisational resiliency. The bonding hypothesis posits that organisational resiliency can be achieved if an organisation works closely with others, whereas the bridging hypothesis argues that such a structure places considerable stress on an organisation and advocates for an organisation to position itself as a central actor to gain access to novel resources from a diverse set of entities to achieve resiliency. The paper analyses data gathered from semi-structured interviews with 44 public, private, and non-profit organisations serving communities affected by the Great Floods of 2011 in the Thai capital, Bangkok (urban), and in Pathum Thani (suburban) and Ayutthaya (rural) provinces. The findings suggest that: organisational resiliency was associated with the bridging effect; organisations in the rural province were more resilient than those in the suburban and urban centres; and private and non-governmental organisations generally were more resilient than public sector organisations. The findings highlight the importance of fostering multi-sector partnerships to enhance organisational resiliency for disaster response. © 2016 The Author(s). Disasters © Overseas Development Institute, 2016.

  2. Managing workplace stress in community pharmacy organisations: lessons from a review of the wider stress management and prevention literature.

    Science.gov (United States)

    Jacobs, Sally; Johnson, Sheena; Hassell, Karen

    2018-02-01

    Workplace stress in community pharmacy is increasing internationally due, in part, to pharmacists' expanding roles and escalating workloads. Whilst the business case for preventing and managing workplace stress by employers is strong, there is little evidence for the effectiveness of organisational stress management interventions in community pharmacy settings. To identify and synthesise existing evidence for the effectiveness of organisational solutions to workplace stress from the wider organisational literature which may be adaptable to community pharmacies. A secondary synthesis of existing reviews. Publications were identified through keyword searches of electronic databases and the internet; inclusion and exclusion criteria were applied; data about setting, intervention, method of evaluation, effectiveness and conclusions (including factors for success) were extracted and synthesised. Eighteen reviews of the stress management and prevention literature were identified. A comprehensive list of organisational interventions to prevent or manage workplace stress, ordered by prevalence of evidence of effectiveness, was produced, together with an ordered list of the benefits both to the individual and employing organisation. An evidence-based model of best practice was derived specifying eight factors for success: top management support, context-specific interventions, combined organisational and individual interventions, a participative approach, clearly delineated tasks and responsibilities, buy-in from middle management, change agents as facilitators and change in organisational culture. This literature review provides community pharmacy organisations with evidence from which to develop effective and successful stress management strategies to support pharmacists and pharmacy staff. Well-designed trials of stress management interventions in community pharmacy organisations are still required. © 2017 Royal Pharmaceutical Society.

  3. Applying social science and public health methods to community-based pandemic planning.

    Science.gov (United States)

    Danforth, Elizabeth J; Doying, Annette; Merceron, Georges; Kennedy, Laura

    2010-11-01

    Pandemic influenza is a unique threat to communities, affecting schools, businesses, health facilities and individuals in ways not seen in other emergency events. This paper aims to outline a local government project which utilised public health and social science research methods to facilitate the creation of an emergency response plan for pandemic influenza coincidental to the early stages of the 2009 H1N1 ('swine flu') outbreak. A multi-disciplinary team coordinated the creation of a pandemic influenza emergency response plan which utilised emergency planning structure and concepts and encompassed a diverse array of county entities including schools, businesses, community organisations, government agencies and healthcare facilities. Lessons learned from this project focus on the need for (1) maintaining relationships forged during the planning process, (2) targeted public health messaging, (3) continual evolution of emergency plans, (4) mutual understanding of emergency management concepts by business and community leaders, and (5) regional coordination with entities outside county boundaries.

  4. Justice Of The Peace Foreign Experience Of Organization Comparative Legal Analysis

    Directory of Open Access Journals (Sweden)

    Aishat R. Kaitova

    2014-09-01

    Full Text Available In the present article a short comparative analysis of the modern advanced states of the judicial systems is carried out. With considered judicial system's specifics existence it is possible to reveal their common features and tendencies of development. Today, for all states of the world community the process of globalization and universalism is characteristic. Practically all modern Constitutions and laws of states reproduce general approaches to the organization of the judicial systems and trial procedures, which are basis on the principles of the norms of international law, such as the right for fair and public trial in the reasonable time by the independent and impartial court, created on the basis of law. Moreover, today it is already possible to speak not only about declarative fixing of these general approaches, but also about their practical expression in the form of the number of judicial reforms implementation among which the important role is played by the problem of the institute of the justice of the peace formation and development. In this context foreign experience of the institute of the justice of the peace formation and functioning study will allow to reveal the general tendencies and ways of this legal institute improvement in our country. In the conclusion author notes that in the Romano-German family of the legal systems (France, Spain, Anglo-American (USA, Great Britain and mixed (Canada, Australia - justice of the peace carried out justice earlier and still continue to function successfully, at the same time this legal institute not usual for the socialist law. So there were no justices of the peace in the USSR, China, Democratic People's Republic of Korea, Cuba, etc.

  5. Leveraging Small-Scale Sport Events: Challenges of Organising, Delivering and Managing Sustainable Outcomes in Rural Communities, the Case of Gorski kotar, Croatia

    Directory of Open Access Journals (Sweden)

    Marko Perić

    2016-12-01

    Full Text Available Sports and events play an important role in local identity building and creating a sense of community that encourages participation and increases social capital. Rural communities are specific areas with special needs and can face challenges and restraints when it comes to event organisation. The purpose of this paper is to identify organisational challenges and analyse the potential to achieving long-term sustainable social and economic outcomes linked to small-scale sports events in rural communities. Organisational challenges of rural communities in terms of organising sport events are examined and discussed using the framework of event leveraging developed by O’Brien and Chalip. This methodology is applied and discussed to a case study focusing on small-scale winter sport events in rural Croatia. Semi-structured interviews with local organisers were conducted in order to collect data on the overall event organisation and management, local coordination, role of community stakeholders and challenges facing strategic planning, with the intent to identify objectives for future events. Results were discussed independently and in the context of the leverage framework, with reflection on its applicability to rural communities as the event organisers. Recommendations are provided based on critical insight from the literature and are oriented on how to streamline the process of organising, delivering and managing of events in remote rural communities. Finally, the idea of inter-community organisation is proposed to ensure long-term social and economic benefits and to address the existing issues of overlapping of stakeholder categories, mixed objectives, distrust among stakeholders and inefficiently used local resources.

  6. Procedural Justice in Dutch Administrative Law Proceedings

    NARCIS (Netherlands)

    Verburg, André|info:eu-repo/dai/nl/355246236; Schueler, Ben|info:eu-repo/dai/nl/126262586

    2014-01-01

    In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the

  7. Between Retribution and Restoration: Justice and the TRC. | Allen ...

    African Journals Online (AJOL)

    In the third section, I criticize the claim that truth commissions are not a moral compromise at all but embody a superior, restorative conception of justice. I conclude by showing why retribution is required by criminal justice, and why truth commissions must be seen, not as an end in themselves, but as institutions whose ...

  8. A clean bill of health? The efficacy of an NHS commissioned outsourced police custody healthcare service.

    Science.gov (United States)

    de Viggiani, Nick

    2013-08-01

    Police custody healthcare services for detainees in the UK are most commonly outsourced to independent healthcare providers who employ custody nurses and forensic physicians to deliver forensic healthcare services. A pilot was introduced in 2008 by the Department of Health to explore the efficacy of commissioning custody healthcare via the NHS, in the wake of the 2005-2006 shift of prison healthcare to the NHS. The objective was to improve quality and accountability through NHS commissioning and the introduction of NHS governance to the management and delivery of custody healthcare. This article discusses key themes that arose from the project evaluation, which focused on the commissioning relationship between the police, the NHS commissioner and the private healthcare provider. The evaluation observed an evolving relationship between the police, the local NHS and the front-line nurses, which was complicated by the quite distinctive professional values and ideologies operating, with their contrasting organisational imperatives and discordant values and principles. A key challenge for commissioners is to develop synergy between operational and strategically located stakeholders so that they can work effectively towards common goals. Government policy appears to remain focused on creating safe, supportive and humane custody environments that balance criminal justice and health imperatives and support the rights and needs of detainees, victims, professionals and the public. This remains an ambitious agenda and presents a major challenge for new criminal justice health partnerships. Copyright © 2013 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  9. The mechanism of development of integration processes in the region

    Directory of Open Access Journals (Sweden)

    V. M. Bautin

    2017-01-01

    Full Text Available In the context of the weakening economic development of the region, it is necessary to find new ways to increase the efficiency of interaction between the economic structures of the region. One of the areas is the development of integration processes in the field of cooperation between the public and private capital to meet the goals and objectives of the effective functioning of both the participants of integration interaction, as well as the region as a whole. Factors that influence the emergence and development of integration processes, are a scarce resource; motivated by the need to diversify the business; the desire to improve the economic efficiency of business entities. Development grace-integral process is economic interaction managing subjects, followed by combining them to achieve common objectives and obtain the synergistic effect due to a number of resource solutions, organizational and administrative problems. To obtain high economic benefits of integration interaction of the participants, we have proposed a mechanism for the development of integration processes in the region, based on three levels of interaction between regional authorities, educational institutions and private organizations. It allows forming a single chain integration and process management to increase the effectiveness of their implementation in practice, and to avoid the disadvantages associated with the formation of the integrated structures. Integration cooperation of regional authorities with organizations of various spheres of activity of the region and education (research organizations is a key component of the new Russian innovation policy because, if done right, it provides broader benefits from investments in research and development, creating favorable conditions for sustainable innovation development and is a strategic factor in the economic growth of the region.

  10. Achieving performance excellence through benchmarking and organisational learning

    OpenAIRE

    Mann, Robin; Adebanjo, Dotun; Abbas, Ahmed; Al-Nuseirat, Ahmad; Al-Neaimi, Hazza; El-Kahlout, Zeyad

    2017-01-01

    In 2015, the Dubai Government Excellence Programme (DGEP) launched the ‘Dubai We Learn’ initiative as a platform to assist government entities to develop an organisational learning culture which would support innovation and a citizen-focussed approach to delivering government services. This initiative would act as a springboard for the government entities to learn new skills and acquire new tools and techniques that would serve them well into the future. The Centre for Organisational Excellen...

  11. Restorative Justice: A Changing Community Response

    Science.gov (United States)

    Ryan, Thomas G.; Ruddy, Sean

    2015-01-01

    Our purpose herein is to demonstrate how restorative justice continues to unfold globally and we explain how the use of a restorative justice ideology and intervention leads to a common alternative, not only in criminal justice institutions, but also within social agencies, such as elementary schools, and the related social support systems. We…

  12. Can Artificial Intelligence and Online Dispute Resolution enhance efficiency and effectiveness in Courts

    Directory of Open Access Journals (Sweden)

    John Zeleznikow

    2017-05-01

    Full Text Available The growing rise in the number of self-represented litigants has negative implications for both the court system and access to justice. The expanding use of Artificial Intelligence and the World Wide Web has led to the development and use of Online Dispute Resolution. In this article we investigate a number of systems in Australian Family Law that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that incorporates advice about BATNAs and potential trade-offs as well as allowing online communication can enhance access to justice.

  13. Working with Research Integrity-Guidance for Research Performing Organisations: The Bonn PRINTEGER Statement.

    Science.gov (United States)

    Forsberg, Ellen-Marie; Anthun, Frank O; Bailey, Sharon; Birchley, Giles; Bout, Henriette; Casonato, Carlo; Fuster, Gloria González; Heinrichs, Bert; Horbach, Serge; Jacobsen, Ingrid Skjæggestad; Janssen, Jacques; Kaiser, Matthias; Lerouge, Inge; van der Meulen, Barend; de Rijcke, Sarah; Saretzki, Thomas; Sutrop, Margit; Tazewell, Marta; Varantola, Krista; Vie, Knut Jørgen; Zwart, Hub; Zöller, Mira

    2018-05-31

    This document presents the Bonn PRINTEGER Consensus Statement: Working with Research Integrity-Guidance for research performing organisations. The aim of the statement is to complement existing instruments by focusing specifically on institutional responsibilities for strengthening integrity. It takes into account the daily challenges and organisational contexts of most researchers. The statement intends to make research integrity challenges recognisable from the work-floor perspective, providing concrete advice on organisational measures to strengthen integrity. The statement, which was concluded February 7th 2018, provides guidance on the following key issues: § 1. Providing information about research integrity § 2. Providing education, training and mentoring § 3. Strengthening a research integrity culture § 4. Facilitating open dialogue § 5. Wise incentive management § 6. Implementing quality assurance procedures § 7. Improving the work environment and work satisfaction § 8. Increasing transparency of misconduct cases § 9. Opening up research § 10. Implementing safe and effective whistle-blowing channels § 11. Protecting the alleged perpetrators § 12. Establishing a research integrity committee and appointing an ombudsperson § 13. Making explicit the applicable standards for research integrity.

  14. Toward Community Research and Coalitional Literacy Practices for Educational Justice

    Science.gov (United States)

    Campano, Gerald; Ghiso, María Paula; Yee, Mary; Pantoja, Alicia

    2013-01-01

    Community-based research can provide an avenue for understanding the complexities of students' and families' lives and working together for educational justice through what we refer to as coalitional literacy practices. In this article, we share a critical incident about a student's absence from school as an illustrative case of the grass-roots…

  15. `Court-proof` operation of power plants; Der ``gerichtsfeste`` Kraftwerksbetrieb

    Energy Technology Data Exchange (ETDEWEB)

    Adams, H.W. [Dr. Adams und Partner Unternehmensberatung GmbH, Duisburg (Germany)

    1995-09-01

    The `court-proof` organisation of a power plant is understood to mean the well-defined, i.e., documented, organisation of its operational structure and work flows. This includes transparent delegation of tasks, competences, and responsibilities to individual officers and down hierarchical lines and mutual agreements on the rules for cooperation between lines and between lines and officers. Such an organisation ensures that responsibilities to give instructions, select personnel, and/or carry out control tasks can be ascertained. (orig./DG) [Deutsch] Die `gerichtsfeste` Organisation ist die festgelegte, das heisst dokumentierte, Aufbau- und Ablauforganisation mit transparenter Delegation von Aufgaben, Kompetenz und Verantwortung in Linie und Beauftragte und Verabreden der Spielregeln des Zusammenwirkens Linie-Linie beziehungsweise Linie-Beauftragte. Sie stellt sicher, dass Anweisungs-, Auswahl- und Ueberwachungspflichten nachgewiesen werden koennen. (orig./DG)

  16. Integrating technology in a changing organisation

    International Nuclear Information System (INIS)

    Guillon, O.

    1996-01-01

    The paper relates to integrating technology in a changing organisation of Elf Aquitaine. There is a strong pressure to cut costs and be more effective in the company's operations. A process was initiated in 1994 to re-analyse its E and P (Exploration and Production) research and development (R and D) in order to enhance its alignment with the company assets needs, with a subsequent prioritization of R and D projects. The integration included a strategy for cooperation with other oil and service companies. The author presents the process set up to align the company's R and D program to the business needs of its operations, the various levels of cooperation used, and finally an illustration, in the domain of the geosciences, of the various facets of the ongoing cultural revolution which is required to reach a true integration. 11 figs

  17. Mutual Trust before the Court of Justice of the European Union

    NARCIS (Netherlands)

    Prechal, A.

    2017-01-01

    The principle of mutual trust is not mentioned in the Treaties, but nonetheless, it has be-come a structural principle of EU law. The present contribution, written from the perspective of ‘everyday judicial practice’, explores how this principle has been given shape in the case law of the Court of

  18. 'Better justice?' or 'shambolic justice?': Governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners

    Directory of Open Access Journals (Sweden)

    Caroline Hart

    2017-04-01

    Full Text Available This paper reports the results of a study on whether government use of information technology potentially compromises access to law and justice by Queensland regional and rural (RR legal practitioners. The paper describes current approaches to the use of information technology by state and federal governments, and provides an insight into the challenges and opportunities identified by individual RR legal practitioners, policy-makers and the judiciary on the use of such technology. The paper makes recommendations to promote increased access to law and justice for RR legal practitioners when using government information technology.

  19. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  20. Women's career advancement in organisations: Integrative framework for research

    Directory of Open Access Journals (Sweden)

    Mišić-Andrić Marijana

    2015-01-01

    Full Text Available Contemporary organisations, caught in the middle of global economic and social crisis, are facing different business challenges, having to respond to quick changes in business environment and demographic changes in workforce composed by increasing number of women. Although the number of women in workforce is on the rise, they are still underrepresented in manager positions, especially higher management. This implies that certain barriers are in place which makes difficult for women to develop their careers, especially in reaching manager positions. The aim of this paper is to analyse and present a theoretical framework for further study of professional carrier advancement for women. The paper especially analyse integrative theoretical framework which stresses the equal importance of researching individual factors (personal influence and organisational factors (social inclusion, having in mind how the organisational context can improve or deter women's carrier. The paper presents possible directions for future research based on the analysis of the theoretical framework and especially individual and organisational factors.